DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-14 in the reply filed on 11/21/25 is acknowledged.
Claim Rejections - 35 USC § 102
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, 5, 7, 10, 12 and 13 are rejected under 35 U.S.C. 102(a1) as being anticipated by Nozato et al. (US 2014/0111769).
Regarding claim 1, Nozato discloses an ophthalmic apparatus that objectively measures optical characteristics of a subject eye (ophthalmologic image sensing apparatus, paragraph 3), comprising an eye refractive power measuring optical system including a first light projecting optical system that projects a first measurement light flux toward a fundus of the subject eye (light source 101 of 840 nm), and a first light receiving optical system (wavefront sensor 115, paragraph 37) in which a first detector detects a first reflection light flux, reflected by the fundus, of the first measurement light flux as a first index pattern image (part of reflected scattering light of the return beam which is produced by reflection or scattering on a retina of the eye 111 is reflected by the light division portion 106 to the wavefront sensor 115 to be used for measuring a light beam wavefront, paragraph 62), and for acquiring an eye refractive power of the subject eye (aberration is measured by the wavefront sensor 115 in Step S104, paragraph 89); and a contrast measuring optical (fundus image sensing, paragraph 26) system including a second light projecting optical system that projects a patterned second measurement light flux toward the fundus of the subject eye (separate light sources for fundus imaging and wavefront measurement, paragraph 28), and a second light receiving optical system in which a second detector detects a second index pattern image formed by a second reflection light flux, reflected by the fundus, of the second measurement light flux (reflected scattering light guided to light intensity sensor, paragraph 73), and for acquiring contrast information related to a contrast of the subject eye (light intensity sensor 114 converts the light into an electrical signal; the electrical signal is processed by the control unit 118 into an image as a fundus image, paragraph 74), wherein the first detector and the second detector are different detectors (wavefront sensor 115 and light intensity sensor 114 are different detectors).
Regarding claim 2, Nozato further discloses wherein in the first light receiving optical system, the first detector detects the first reflection light flux, which passes through a pupil divided region formed by dividing a pupil region of the subject eye, as the first index pattern image, andin the second light receiving optical system, the second detector detects the second index pattern image formed by the second reflection light flux which passes through the pupil region of the subject eye (see figure 1).
Regarding claim 3, Nozato further discloses wherein the first light receiving optical system has a pattern optical member configured to condense the first reflection light flux from the fundus as a pattern light flux on the first detector, and the pattern optical member causes the first detector to detect the first index pattern image (spots formed on sensor 133, [0066]-[0067]).
Regarding claim 5, Nozato further discloses a first optical path branching member configured to branch an optical path of the first light projecting optical system and an optical path of the first light receiving optical system; and a second optical path branching member configured to branch an optical path of the first light receiving optical system and an optical path of the second light receiving optical system, wherein the second optical path branching member is arranged between the first optical path branching member and the pattern optical member to dispose the first detector and the second detector in different optical paths (see figure 1).
Regarding claim 7, Nozato further discloses a first acquisition portion configured to project the first measurement light flux toward the fundus of the subject eye, and cause the first detector to detect the first reflection light flux, reflected by the fundus, of the first measurement light flux, to acquire optical characteristics of the subject eye, a second acquisition portion configured to project the second measurement light flux toward the fundus of the subject eye, and cause the second detector to detect the second reflection light flux, reflected by the fundus, of the second measurement light flux, to acquire a plurality of contrast information with at least different diopter information in the subject eye; and an output portion configured to output change information of the contrast information with respect to the diopter information (fundus image based on reflections from the wavefront compensation device controlled by controller 116, paragraphs 37, 73-74, 77-78).
Regarding claim 10, Nozato further discloses wherein the output portion is configured to output, as the change information, a graph showing a distribution of the contrast information with respect to the diopter information (display fundus image corrected based on information from wavefront sensor, paragraph 74).
Regarding claim 12, Nozato further discloses wherein the second acquisition portion is configured to acquire the contrast information with different diopter information of the subject eye, based on the optical characteristics of the subject eye acquired by the first acquisition portion (display fundus image corrected based on information from wavefront sensor, paragraph 74).
Regarding claim 13, Nozato further discloses wherein the second acquisition portion is configured to project the patterned light flux as the second measurement light flux, cause the second detector to detect the second index pattern image changing periodically and formed by the second reflection light flux, and acquire the contrast information based on luminance information in the second index pattern image (display fundus image corrected based on information from wavefront sensor, paragraph 74).
Claim Rejections - 35 USC § 103
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 4, 6, 8-9, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nozato et al. (US 2014/0111769), as applied to claim 1.
Regarding claim 4, Nozato discloses all the claimed limitations except wherein the pattern optical member is a ring optical member configured to condense the first reflection light flux from the fundus as a ring light flux on the first detector, and the ring optical member causes the first detector to detect a ring image as the first index pattern image. However, such feature would be straightforward possibilities from which one skill person would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement this feature for the purpose of solving the problem posed.
Regarding claim 6, Nozato discloses all the claimed limitations except wherein the first measurement light flux is an infrared light flux and the second measurement light flux is a visible light flux. However, such feature would be straightforward possibilities from which one skill person would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement this feature for the purpose of solving the problem posed.
Regarding claim 8, Nozato discloses all the claimed limitations except wherein the change information includes first data indicating a peak value of the contrast information with respect to the diopter information. However, such feature would be straightforward possibilities from which one skill person would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement this feature for the purpose of solving the problem posed.
Regarding claim 9, Nozato discloses all the claimed limitations except wherein the change information includes second data indicating a peripheral value for the first data. However, such feature would be straightforward possibilities from which one skill person would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement this feature for the purpose of solving the problem posed.
Regarding claim 11, Nozato discloses all the claimed limitations except wherein the output portion is configured to output, as the change information, the graph continuously showing a change in the contrast information accompanied by a change in the diopter information. However, such feature would be straightforward possibilities from which one skill person would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement this feature for the purpose of solving the problem posed.
Regarding claim 14, Nozato discloses all the claimed limitations except for a correction portion configured to correct the optical characteristics acquired by the first acquisition portion, based on the contrast information acquired by the second acquisition portion. However, such feature would be straightforward possibilities from which one skill person would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement this feature for the purpose of solving the problem posed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK DINH whose telephone number is (571)272-2327. The examiner can normally be reached Monday - Friday 9am-5pm.
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, Bumsuk Won can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JACK DINH/Primary Examiner, Art Unit 2872 6/27/26
Prosecution Insights