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 .
Election/Restrictions
Applicant's election with traverse of Group A, claims 14-21, in the reply filed on 10/13/2025 is acknowledged. The traversal is on the ground(s) that a prima facie case of lack of unity of the invention is not established since the other claimed technical features were not considered. This is not found persuasive because the technical features relied upon do not make a contribution over the prior art and are therefore not special technical features.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statements (PTO-1449) filed 04/28/2023 and 06/20/2023. An initialed copy is attached to this Office Action.
Claim Objections
Claims 18 and 21 are objected to because of the following informalities: line 3 recites “limited direction” instead of “delimited direction”. Based on the disclosure of the instant application, it seems as though “limited” was inadvertently used where the claims were intended to read “delimited”. Appropriate correction is required.
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.
Claim 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Copland (USPG Pub No. 2014/0268044).
Regarding claim 14, Copland discloses a method for determining at least one of aberrations of an eye, topography of an eye, for recording reference images of an eye or a combination of the foregoing (see Fig. 2, Paragraph 18, Lines 1-3), comprising illuminating the eye with a lighting unit (202) with different lighting patterns (Paragraph 21, Lines 8-19, Paragraphs 28-30); recording light reflected from the eye with a plenoptic camera sensor (204) (Paragraph 22, Lines 1-5); evaluating the light recorded by the plenoptic camera sensor (204) by application of a control and evaluation unit (206) (Paragraph 24, Lines 1-9); illuminating the eye with different illumination patterns (202, 402, 403) that differ in terms of intensity distribution and direction of illumination (see Figs. 2, 4, Paragraph 21, Lines 8-19, Paragraphs 28-30, 44); imaging the light reflected by the eye of the different illumination patterns on the plenoptic camera sensor (204, 404) (Paragraph 22, Lines 1-5); and determining from image data of the plenoptic camera sensor (204, 404) and the different illumination patterns, at least one of the topography, the aberrations and the reference images of the illuminated eye (Paragraph 25).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over Copland (USPG Pub No. 2014/0268044) in view of Gao et al (USPG Pub No. 2017/0105615).
Regarding claim 15, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with an illumination pattern with a homogeneous intensity distribution from a delimited direction and determining imaging errors of the eye from the image data of the plenoptic camera sensor. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with an illumination pattern (212) with a homogeneous intensity distribution from a delimited direction and determining imaging errors of the eye from the image data of the plenoptic camera sensor (160) (see Fig. 2B, Paragraphs 26, 28). 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 method of Copland with further comprising illuminating the eye with an illumination pattern with a homogeneous intensity distribution from a delimited direction and determining imaging errors of the eye from the image data of the plenoptic camera sensor of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). Since the claim language does not provide further structure or instruction as to how the homogenous intensity distribution from a delimited direction are determined or obtained, one of ordinary skill in the art is capable of realizing a configuration or arrangement that meets the requirements of the claim based on the teachings of Copland and Gao. The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Regarding claim 16, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with an illumination pattern with a structured intensity distribution from many directions and determining the topography of the eye from the image data of the plenoptic camera sensor. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with an illumination pattern (212) with a structured intensity distribution from many directions and determining the topography of the eye from the image data of the plenoptic camera sensor (160) (see Fig. 2A, Paragraphs 26, 27). 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 method of Copland with further comprising illuminating the eye with an illumination pattern with a structured intensity distribution from many directions and determining the topography of the eye from the image data of the plenoptic camera sensor of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). Since the claim language does not provide further structure or instruction as to how the structured intensity distribution from many directions are determined or obtained, one of ordinary skill in the art is capable of realizing a configuration or arrangement that meets the requirements of the claim based on the teachings of Copland and Gao. The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Regarding claim 17, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with an illumination pattern with homogeneous intensity distribution from many directions and generating reference images of the eye from the image data of the plenoptic camera sensor. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with an illumination pattern with homogeneous intensity distribution from many directions and generating reference images of the eye from the image data of the plenoptic camera sensor (160) (see Figs. 2A, 2B, 4A, 4B, Paragraphs 29, 37, 40). 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 method of Copland with further comprising illuminating the eye with an illumination pattern with homogeneous intensity distribution from many directions and generating reference images of the eye from the image data of the plenoptic camera sensor of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). Since the claim language does not provide further structure or instruction as to how the homogeneous intensity distribution from many directions are determined or obtained, one of ordinary skill in the art is capable of realizing a configuration or arrangement that meets the requirements of the claim based on the teachings of Copland and Gao. The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Regarding claim 18, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with two illumination patterns including a first illumination pattern with homogeneous intensity distribution from a delimited1 direction and a second illumination pattern with structured intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics and determining imaging errors and the topography of the eye from the image data of the plenoptic camera sensor depending on the respective illumination pattern and spectral characteristics. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with two illumination patterns (via 212) including a first illumination pattern with homogeneous intensity distribution from a delimited direction and a second illumination pattern with structured intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics and determining imaging errors and the topography of the eye from the image data of the plenoptic camera sensor (160) depending on the respective illumination pattern and spectral characteristics (see Figs. 2A, 2B, Paragraphs 26-28). 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 method of Copland with further comprising illuminating the eye with two illumination patterns including a first illumination pattern with homogeneous intensity distribution from a delimited direction and a second illumination pattern with structured intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics and determining imaging errors and the topography of the eye from the image data of the plenoptic camera sensor depending on the respective illumination pattern and spectral characteristics of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Regarding claim 19, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with two illumination patterns including with a first illumination pattern with homogeneous intensity distribution from a delimited direction and a second illumination pattern with homogeneous intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics and wherein imaging errors are determined from the image data of the plenoptic camera sensor depending on the respective illumination pattern and its spectral characteristics, and generating the reference images of the eye. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with two illumination patterns (via 212) including with a first illumination pattern with homogeneous intensity distribution from a delimited direction and a second illumination pattern with homogeneous intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics and wherein imaging errors are determined from the image data of the plenoptic camera sensor (160) depending on the respective illumination pattern and its spectral characteristics, and generating the reference images of the eye (see Figs. 2B, 4A, 4B, Paragraphs 26, 28, 29, 37, 40). 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 method of Copland with further comprising illuminating the eye with two illumination patterns including with a first illumination pattern with homogeneous intensity distribution from a delimited direction and a second illumination pattern with homogeneous intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics and wherein imaging errors are determined from the image data of the plenoptic camera sensor depending on the respective illumination pattern and its spectral characteristics, and generating the reference images of the eye of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Regarding claim 20, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with two illumination patterns including a first illumination pattern with structured intensity distribution from many directions and a second illumination pattern with homogeneous intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics; and determining from the image data of the plenoptic camera sensor depending on the respective illumination pattern and the spectral characteristics, the topography and generating the reference images of the eye. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with two illumination patterns (via 212) including a first illumination pattern with structured intensity distribution from many directions and a second illumination pattern with homogeneous intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics; and determining from the image data of the plenoptic camera sensor (160) depending on the respective illumination pattern and the spectral characteristics, the topography and generating the reference images of the eye (see Figs. 2A, 4A, 4B, Paragraphs 26, 27, 29, 37, 40). 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 method of Copland with further comprising illuminating the eye with two illumination patterns including a first illumination pattern with structured intensity distribution from many directions and a second illumination pattern with homogeneous intensity distribution from many directions, wherein the two illumination patterns each have different spectral characteristics; and determining from the image data of the plenoptic camera sensor depending on the respective illumination pattern and the spectral characteristics, the topography and generating the reference images of the eye of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Regarding claim 21, Copland discloses the claimed invention but does not specify further comprising illuminating the eye with three illumination patterns with homogeneous or structured intensity distribution from a delimited2 direction or from many directions at the same time, wherein the illumination patterns each have different spectral characteristics and determining aberrations and the topography and generating the reference images of the eye from the image data of the plenoptic camera sensor depending on the respective lighting pattern and the spectral characteristics. In the same field of endeavor, Gao discloses further comprising illuminating the eye (150) with three illumination patterns (via 212) with homogeneous or structured intensity distribution from a delimited direction or from many directions at the same time, wherein the illumination patterns each have different spectral characteristics and determining aberrations and the topography and generating the reference images of the eye from the image data of the plenoptic camera sensor (160) depending on the respective lighting pattern and the spectral characteristics (see Figs. 2A, 2B, 4A, 4B, Paragraphs 26-29, 37, 40). 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 method of Copland with further comprising illuminating the eye with three illumination patterns with homogeneous or structured intensity distribution from a delimited direction or from many directions at the same time, wherein the illumination patterns each have different spectral characteristics and determining aberrations and the topography and generating the reference images of the eye from the image data of the plenoptic camera sensor depending on the respective lighting pattern and the spectral characteristics of Gao for the purpose of providing a single imaging platform to obtain eye measurements in an efficient manner (Paragraphs 6, 8). The intensity distribution and direction of light can be determined based on the light source(s) selected, optical element(s) selected, how the LED display is programed, etc., which are all arrangements and configurations that can be realized based on the cited teachings.
Prior Art Citations
Hogan (USPG Pub No. 2014/0002794 – Fig. 1 and corresponding disclosure) is being cited herein to show a method for determining at least aberrations, topography, and/or reference images of an eye relevant to the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 9/19/2026
1 See objection above
2 See objection above
Prosecution Insights