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 .
Drawings
The drawings filed on 08/25/2023 are acknowledged and accepted.
Claim Objections
Claim 15 is objected to because of the following informalities: “the 90-degree and 45-degree slit lamp assemblies” are introduced in Claim 14, however; Claim 15 depends from Claim 13 which only states “a slit lamp module”. For the purpose of examination, “the 90-degree and 45-degree slit lamp assemblies” are interpreted as “the slit lamp module”. Appropriate correction is required.
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 1-6, 13, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson (US 20200093361 A1, of record in the IDS dated 11/22/2024).
With respect to Claim 1, Jackson discloses a portable, wearable headset (Fig. 5A—element 550, ophthalmic testing system; [0264]) for use in providing a remote and self-administered collection of data for use in an ophthalmologic examination ([0009]: the device can comprise an ophthalmic diagnostic system) and assessment of one or more eyes of a person wearing the headset (Fig. 5A—element 550, ophthalmic testing system; [0264]), the headset (Fig. 5A—element 550, ophthalmic testing system; [0264]) comprising:
a first optical imaging assembly (Fig. 5A-- 500R, cartridge; [0265]) for capturing one or more images of an anterior segment of at least one of the person's eyes ([0081]: the device can include anterior segment photography); and
a second optical imaging assembly (Fig. 5A-- 500L, cartridge; [0265]) for capturing one or more images of a posterior segment of at least one of the person's eyes ([0081]: the device can include fundus retinal imaging).
With respect to Claim 2, Jackson discloses the wearable headset of claim 1, and further discloses wherein the first optical imaging assembly (Fig. 5A-- 500R, cartridge; [0265]) is configured to capture image data providing visualization of one or more structures within the anterior segment of an eye ([0081]: the device can include anterior segment photography).
With respect to Claim 3, Jackson discloses the wearable headset of claim 2, and further discloses wherein the one or more structures within the anterior segment comprise at least one of a cornea, iris, ciliary body, and lens ([0081]: the device can include a slit lamp test which images the iris and cornea).
With respect to Claim 4, Jackson discloses the wearable headset of claim 1, and further discloses wherein the second optical imaging assembly (Fig. 5A-- 500L, cartridge; [0265]) is configured to capture image data providing visualization of one or more structures within the posterior segment of an eye ([0081]: the device can include fundus retinal imaging).
With respect to Claim 5, Jackson discloses the wearable headset of claim 4, and further discloses wherein the one or more structures within the posterior segment comprise at least one of vitreous humor, retina, choroid, and optic nerve ([0081]: the device can include fundus retinal imaging, the retina is a part of the fundus).
With respect to Claim 6, Jackson discloses the wearable headset of claim 1, and further discloses wherein the headset (Fig. 5A—element 550, ophthalmic testing system; [0264]) comprises a frame (Fig. 5A-- 502, frame; [0267]) supporting the first and second optical imaging assemblies (Fig. 5A-- 500R and 500L, cartridges; [0265]) relative to the person's eyes (Fig. 5A—elements 540R and 540L, [0269]).
With respect to Claim 13, Jackson discloses the wearable headset of claim 1, and further discloses wherein the first optical imaging assembly (Fig. 5A-- 500R, cartridge; [0265]) comprises a slit lamp module ([0081]: 500R can include a slit lamp module) and the second optical imaging assembly (Fig. 5A-- 500L, cartridge; [0265]) comprises a fundus camera module ([0081]: the device can include fundus retinal imaging or a non-mydriatic fundus camera).
With respect to Claim 18, Jackson discloses the wearable headset of claim 1, and discloses further comprising a communication module (Fig. 3—element 320, main memory; [0219]) for permitting the exchange of data ([0219]: element 320 is connected to element 340) between a computing device (Fig. 3— element 340, communication interface; [0228]) and the first and second optical imaging assemblies (Fig. 5A-- 500R and 500L, cartridges; [0265]).
With respect to Claim 19, Jackson discloses the wearable headset of claim 18, and further discloses wherein the communication module (Fig. 3—element 320, main memory; [0219]) is configured to permit wired and/or wireless transmission of data ([0220]: element 340 receives data from element 320) between the computing device (Fig. 3— element 340, communication interface; [0228]) and the first and second optical imaging assemblies (Fig. 5A-- 500R and 500L, cartridges; [0265]).
With respect to Claim 20, Jackson discloses the wearable headset of claim 18, and further discloses wherein the computing device (Fig. 3— element 340, communication interface; [0228]) is a remote server ([0228]: element 340 may be a remote communications interface) configured to receive the one or more images captured via the first and second optical imaging assemblies (Fig. 5A-- 500R and 500L, cartridges; [0265]) for use in an ophthalmologic examination of the person's eyes (Fig. 5A—elements 540R and 540L, [0269]).
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 7-12 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 20200093361 A1, of record in the IDS dated 11/22/2024) in view of Talke (US20210330186A1, of record in the IDS dated 11/22/2024).
With respect to Claim 7, Jackson discloses the wearable headset of claim 6, and further discloses wherein:
in a first orientation, the first and second optical imaging assemblies (Fig. 5A-- 500R and 500L, cartridges; [0265]) are positioned relative to the person's right and left eyes (Fig. 5A—elements 540R and 540L, [0269]), respectively; and
However, Jackson does not disclose in a second orientation, the first and second optical imaging assemblies are positioned relative to the left and right eyes, respectively. Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) wherein: disclose in a second orientation ([0053]: the device may be flipped so that the left and right eye may be tested), the first and second optical imaging assemblies (Fig. 8D—left and right side optical assemblies) are positioned relative to the left and right eyes, respectively.
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the headset of Jackson with the flipping orientation of Talke in order to create a device such that the visual acuity portion of the device can be used with either the right eye and the slit light testing with the left eye (Talke, [0053]).
With respect to Claim 8, Jackson and Talke disclose the wearable headset of claim 7, and Jackson further discloses wherein the frame (Fig. 5A-- 502, frame; [0267]) comprises an invertible nose bridge (See annotated Fig. 1FA—nose bridge) provided between the first and second optical imaging assemblies (Fig. 5A-- 500R and 500L, cartridges; [0265]).
With respect to Claim 9, Jackson and Talke disclose the wearable headset of claim 8, but Jackson does not disclose wherein the headset can be worn in the first and second orientations by rotating the headset 180 degrees in a plane of the first and second optical imaging assemblies.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) wherein the headset (Fig. 8D—element 200; [0053]) can be worn in the first and second orientations by rotating the headset 180 degrees ([0053]: the device may be flipped so that the left and right eye may be tested) in a plane of the first and second optical imaging assemblies (Fig. 8D—left and right side optical assemblies).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the headset of Jackson with the flipping orientation of Talke in order to create a device such that the visual acuity portion of the device can be used with either the right eye and the slit light testing with the left eye (Talke, [0053]).
With respect to Claim 10, Jackson and Talke disclose the wearable headset of claim 8, and Jackson further discloses the invertible nose bridge (See annotated Fig. 1FA—nose bridge) comprises a first recess (Fig. 1FA—the nose bridge has a recess designed to accommodate the user’s nose).
However, Jackson does not disclose wherein invertible nose bridge comprises an opposing second recess, each of the first and second recesses being shaped and/or sized to receive a portion of the person's nose and are symmetrical relative to one another.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) wherein the invertible nose bridge (See annotated Fig. 8B—nose bridge) comprises a first recess (See annotated Fig. 8B— first recess) and an opposing second recess (See annotated Fig. 8B— second recess), each of the first and second recesses being shaped and/or sized to receive a portion of the person's nose and are symmetrical relative to one another (Fig. 8B—the first and second recesses are disposed on the frame opposite of each other and are designed to accommodate the user’s nose). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the headset of Jackson with the flipping orientation of Talke in order to create a device such that the visual acuity portion of the device can be used with either the right eye and the slit light testing with the left eye and the user’s nose is accommodated in either orientation (Talke, [0053]).
With respect to Claim 11, Jackson and Talke disclose the wearable headset of claim 10, and Jackson further discloses wherein:
when in the first orientation, the first recess (Fig. 1FA—the nose bridge has a recess designed to accommodate the user’s nose) is positioned adjacent to an upper portion of the person's nose.
However, Jackson does not disclose when in the first orientation, the second recess is positioned adjacent to a lower portion of the person's nose; and
when in the second orientation, the second recess is positioned adjacent to the upper portion of the person's nose and the first recess is positioned adjacent to the lower portion of the person's nose.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) wherein when in the first orientation, the first recess is positioned adjacent to an upper portion of the person's nose (Fig. 8B and 8D—when in the first orientation, the first recess is adjacent to the user’s nose); and
when in the second orientation, the second recess is positioned adjacent to the upper portion of the person's nose and the first recess is positioned adjacent to the lower portion of the person's nose (Fig. 8B and 8D—when in the second orientation, the second recess is adjacent to the user’s nose). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the headset of Jackson with the flipping orientation of Talke in order to create a device such that the visual acuity portion of the device can be used with either the right eye and the slit light testing with the left eye and the user’s nose is accommodated in either orientation (Talke, [0053]).
With respect to Claim 12, Jackson and Talke disclose the wearable headset of claim 7, and Jackson further discloses wherein:
when in the first orientation, the first optical imaging assembly (Fig. 5A-- 500R, cartridge; [0265]) is configured to capture image data providing visualization of one or more structures within the anterior segment ([0081]: the device can include anterior segment photography) of the right eye and the second optical imaging assembly (Fig. 5A-- 500L, cartridge; [0265]) is configured to capture image data providing visualization of one or more structures within the posterior segment ([0081]: the device can include fundus retinal imaging) of the left eye.
However, Jackson does not explicitly disclose when in the second orientation, the first optical imaging assembly is configured to capture image data providing visualization of one or more structures within the posterior segment of the left eye and the second optical imaging assembly is configured to capture image data providing visualization of one or more structures within the anterior segment of the right eye.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) which is capable of being rotated 180 degrees in order to swap which eye is being captured by which optical assembly ([0053]: the device may be flipped so that the left and right eye may be tested).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the headset of Jackson with the flipping orientation of Talke in order to create a device such that the visual acuity portion of the device can be used with either the right eye and the slit light testing with the left eye (Talke, [0053]).
With respect to Claim 14, Jackson discloses wearable headset of claim 13, and further discloses a slit lamp module ([0081]: 500R can include a slit lamp module).
However, Jackson does not explicitly disclose wherein the slit lamp module comprises at least a 90- degree slit lamp assembly and a 45-degree slit lamp assembly.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) comprising an adjustable slit lamp assembly (Fig. 8D—elements 238, slit and 242, mirror; [0052]: the mirror can adjust the angle at which the light beam reaches the patient’s eye).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headset of Jackson with the slit lamp assembly of Talke in order to create a device which can project light across various locations of the patient’s eye (Talke, [0052]).
Thus, Jackson and Talke disclose the claimed invention except for wherein the slit lamp module comprises at least a 90- degree slit lamp assembly and a 45-degree slit lamp assembly. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the angle of the slit lamp assembly, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
With respect to Claim 15, Jackson and Talke disclose the wearable headset of claim 13, and Jackson further discloses wherein the slit lamp module ([0081]: 500R can include a slit lamp module) further comprises an imaging assembly for capturing one or more images of the anterior segment of a respective eye ([0081]: the device can include anterior segment photography)
However, Jackson does not explicitly disclose wherein the imaging assembly is illuminated via the 90-degree and 45-degree slit lamp assemblies. Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) comprising an imaging assembly (Fig. 8D—element 230, camera; [0052]) illuminated via the 90-degree and 45-degree slit lamp assemblies (Fig. 8D—elements 238, slit and 242, mirror; [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headset of Jackson with the slit lamp assembly of Talke in order to create a device which can project light across various locations of the patient’s eye (Talke, [0052]).
With respect to Claim 16, Jackson and Talke disclose the wearable headset of claim 13 and Jackson further discloses the fundus camera module ([0081]: the device can include fundus retinal imaging or a non-mydriatic fundus camera).
However, Jackson does not further explicitly disclose wherein the fundus camera module comprises a fundus illumination assembly including a light source and at least one optical element for projecting illumination upon the posterior segment of a respective eye.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) wherein the fundus camera module (Fig. 8D—elements 234, 238, 236, and 230; [0052]) comprises a fundus illumination assembly (Fig. 8D—elements 234 and 236; [0052]) including a light source (Fig. 8D—element 234, light source; [0052]) and at least one optical element (Fig. 8D—element 236, collector lens; [0052]) for projecting illumination upon the posterior segment of a respective eye ([0020]: the slit lamp may shine light onto the posterior segment of the eye).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headset of Jackson with the fundus illumination assembly of Talke in order to create a device which is capable of taking a visual acuity examination quickly (Talke, [0020]).
With respect to Claim 17, Jackson and Talke disclose the wearable headset of claim 16 and Jackson further discloses fundus camera module ([0081]: the device can include fundus retinal imaging or a non-mydriatic fundus camera).
However, Jackson does not explicitly disclose wherein the fundus camera module further comprises an imaging assembly for capturing one or more images of the posterior segment illuminated via the fundus illumination assembly.
Jackson and Talke are related as both pertaining to the field of head mounted ophthalmic devices. Talke discloses a wearable headset (Fig. 8D—element 200; [0053]) wherein the fundus camera module (Fig. 8D—elements 234, 238, 236, and 230; [0052]) further comprises an imaging assembly (Fig. 8D—element 230, camera; [0052]) for capturing one or more images of the posterior segment ([0020]: the slit lamp may shine light onto the posterior segment of the eye) illuminated via the fundus illumination assembly (Fig. 8D—elements 234 and 236; [0052]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the headset of Jackson with the fundus illumination assembly of Talke in order to create a device which is capable of taking a visual acuity examination quickly (Talke, [0020]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Serafini (US 20230233076 A1) discloses aspects of the instant invention, see Fig. 2 and [0050]-[0055].
Krueger (US 20180008141 A1) discloses aspects of the instant invention, see Fig. 2 and [0085]-[0086].
Hart (US 20180092530 A1) discloses aspects of the instant invention, see Fig. 1 and [0029]-[0037].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI WADDELL whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 7:30 - 4:30 EST.
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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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/MACKENZI WADDELL/Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872