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 1-6, 9, 11-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pamplona et al. (US 2016/0157716).
Regarding claim 1, Pamplona discloses, a system (Fig. 6) comprising:
a light source (Para. 0072 and see 601, 603) to transmit incident light through an optical mask (611, 612), the optical mask comprising a light attenuation portion (Para. 0117 and 0178; note, discloses the use of color filters and a light attenuation pattern) to impede transmission of the incident light and a plurality of apertures to allow transmission of a selected wavelength and intensity of the incident light (Para. 0117 and 0178; note, discloses the use of color filters and a light attenuation pattern);
the plurality of apertures (see 612) defining an image of a pattern (see 612) that the incident light creates when it is cast on a portion of an anatomy of a patient (615);
an image sensor (605) to capture data representative of the image that is reflected from the anatomy of a patient (Para. 0139); and
a processing resource (Para. 0139; note, discloses the use of one or more computer processors) to assess a condition of the anatomy based upon the data (Para. 0012-0013 and 0015; note, discloses assess refractive aberration(s) of the eye and retinoscopy).
Regarding claim 2, Pamplona discloses, the light source is operative to transmit the incident light in the selected wavelength (Para. 0072 and see 601, 603).
Regarding claim 3, Pamplona discloses, ones of the plurality of apertures are transparent in the selected wavelength (Para. 0117).
Regarding claims 4 and 15, Pamplona discloses, ones of the plurality of apertures are translucent and operative to transmit only light having the selected wavelength (Para. 0117).
Regarding claim 5, Pamplona discloses, ones of the plurality of apertures comprise a plurality of apices (Para. 0072 and see 612; note, discloses the aperture is dynamically modifiable to be of any type).
Regarding claim 6, Pamplona discloses, ones of the plurality of apertures comprise a plurality of edges (Para. 0072 and see 612 ; note, discloses the aperture is dynamically modifiable to be of any type).
Regarding claims 9 and 16, Pamplona discloses, a lens to collimate the pattern on the image sensor (see 621 and associated text).
Regarding claim 11, Pamplona discloses, a method (Fig. 6) comprising providing a light source (Para. 0072 and see 601, 603) to illuminate an area of a patient's anatomy (615) with incident light of a selected wavelength and intensity (Para. 0117 and 0178; note, discloses the use of color filters and a light attenuation pattern);
interposing an optical mask (611, 612) between the light source and the area;
employing the optical mask to cast a pre-determined pattern (see 612) of the incident light on the area;
capturing an image of the pattern using an image sensor (605) to create image data; and
interpreting the image data to assess a condition of the area (Para. 0012-0013 and 0015; note, discloses assess refractive aberration(s) of the eye and retinoscopy).
Regarding claim 12, Pamplona discloses, the providing a light source comprises transmitting the incident light in the selected wavelength (Para. 0072, and see 601, 603).
Regarding claim 13, Pamplona discloses, the employing the optical mask (611, 612) comprises using a plurality of apertures to transmit the incident light in the selected wavelength (Para. 0117 and 0178; note, discloses the use of color filters and a light attenuation pattern).
Regarding claim 14, Pamplona discloses, ones of the plurality of apertures are transparent in the selected wavelength (Para. 0117 and 0178; note, discloses the use of color filters and a light attenuation pattern).
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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Pamplona et al. (US 2016/0157716) as applied to claim 1 above, in view of Raskar et al. (US 2012/0206694).
Pamplona remains as applied to claim 1 above.
Pamplona does not disclose a light diffusing element interposed between the light source and the optical mask.
Raskar teaches, from the same field of endeavor that in a system that it would have been desirable to make a light diffusing element (811 of Fig. 8B) interposed between the light source and the optical mask (Para. 0076).
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 a light diffusing element interposed between the light source and the optical mask as taught by the system of Raskar in the system of Pamplona since Raskar teaches it is known to include these features in a system for the purpose of providing a cost effective system with increased light efficiency.
Regarding claim 8, Pamplona in view of Raskar discloses and teaches as set forth above, and Pamplona further teaches, from the same field of endeavor that in a system that 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 light diffusing element transmits the incident light in the selected wavelength (Para. 0076 and see 811 of Fig. 8B).
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 the above mentioned limitations as taught by the system of Raskar in the system of Pamplona since Raskar teaches it is known to include these features in a system for the purpose of providing a cost effective system with increased light efficiency.
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Pamplona et al. (US 2016/0157716) as applied to claims 1 and 16 above, in view of Ramella-Soman et al. (US 2010/0085537).
Pamplona remains as applied to claims 1 and 16 above.
Furthermore, Pamplona discloses, the image sensor is a camera (Para. 0133).
Pamplona the image sensor is one of a charge-coupled device and a complementary metal oxide semiconductor sensor.
Ramella-Soman teaches, from the same field of endeavor that in a system and method that it would have been desirable to make the image sensor is one of a charge-coupled device and a complementary metal oxide semiconductor sensor (Para. 0051).
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 image sensor is one of a charge-coupled device and a complementary metal oxide semiconductor sensor as taught by the system of Ramella-Soman in the system of Pamplona since Ramella-Soman teaches it is known to include this feature in a system and method for the purpose of providing a system and method with improved accuracy and image quality.
Conclusion
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.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 07/04/2025