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 § 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 1-4, 7-10, 12-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Winsor (USPG Pub No. 2016/0242644) in view of Samec et al. (USPG Pub No. 2016/0270656), hereinafter “Samec”.
Regarding claim 1, Winsor discloses an optical ophthalmic apparatus (100) (see Fig. 1A, Paragraph 24), comprising: an imaging arrangement (see Figs. 1A, 1B); and an image source (16) configured to provide a picture and direct light of the picture toward the imaging arrangement of the optical ophthalmic apparatus (100) (see Figs. 1A, 1B, 5, Paragraphs 25-28); wherein: the imaging arrangement is configured to receive light of the picture and form, together with refraction of an eye (12A/12B) (Paragraphs 25-28, 32), an image of the picture on a first image plane, and the imaging arrangement is configured to locate the first image plane at a known location (see Figs. 1A, 1B, 5, Paragraphs 33, 38), the imaging arrangement is configured to receive light from a retina of the eye (12A/12B) and direct light from the retina to an image detector of the optical ophthalmic apparatus (100), and the imaging arrangement is configured to form, together with refraction of the eye, an image of the retina on a second image plane (see Figs. 1A, 1B, 5, Paragraphs 33, 34, 38); the imaging arrangement is configured to form optical conjugates of the first image plane and the second image plane for focusing the image of the retina accurately on an image sensor of the image detector (26A/26B/43) if the image of the picture is simultaneously accurately focused on the retina of the eye (see Figs. 1A, 1B, 5, Paragraphs 33, 34, 38), and the optical ophthalmic apparatus (100) is configured to stimulate the eye to accommodate in order to focus the image of the picture accurately on the retina if the image of the picture is out-of-focus on the retina (Paragraphs 25, 38); and the optical ophthalmic apparatus comprises a focus adjustment unit, and alter at least one of the following: a focal length of the imaging arrangement and a distance between the imaging arrangement and the first image plane or the second image plane for accurately focusing the image of the picture on the retina of the eye based on the control, if the image of the picture is out-of-focus on the retina based on the accommodation of the eye (Paragraphs 54, 55). Winsor discloses the claimed invention, but does not specify which is configured to receive control from a person the eye of whom is examined. In the same field of endeavor, Samec discloses which is configured to receive control from a person the eye of whom is examined (Paragraphs 1534, 1657). 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 Winsor with which is configured to receive control from a person the eye of whom is examined of Samec for the purpose of providing accurate measurements (Paragraph 3). It has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Regarding claim 2, Winsor further discloses wherein the image source is configured direct light of the picture toward a beam splitter (14) of the optical ophthalmic apparatus (100), the beam splitter (14) being configured to direct light of the picture toward the eye (see Figs. 1A, 1B, Paragraphs 25, 33); and the beam splitter (14) is configured to receive light from a retina (12A/12B) of the eye and direct light from the retina toward the image detector (26A/26B/43) (see Figs. 1A, 1B, Paragraphs 25, 33).
Regarding claim 3, Winsor further discloses wherein the imaging arrangement comprises a common optical component to the light of picture and the light received from the retina (12A/12B) (see Figs. 1A, 1B, Paragraphs 25, 33).
Regarding claim 4, Winsor further discloses wherein the imaging arrangement comprises a source imaging component and a detector side imaging component that are separate from each other (see Figs. 1A, 1B, 5, 7, Paragraphs 32, 33); the source imaging component is configured to receive light of the picture and form, together with refraction of an eye, the image of the picture on the first image plane, and the source imaging component is configured to locate the first image plane at the known location with respect to the typical eye of a human being in response to the examination position between the optical ophthalmic apparatus (100) and the eye (see Figs. 1A, 1B, 5, 7, Paragraphs 32, 33); and the detector side imaging component is configured to receive light from the retina of the eye and direct light from the retina to the image detector, and the detector side imaging component is configured to form, together with refraction of the eye, the image of the retina on the second image plane (see Figs. 1A, 1B, 5, 7, Paragraphs 32, 33).
Regarding claim 7, Winsor discloses wherein the focus adjustment unit comprises mover that comprises at least one of the following: a mechanical mover, an electrical mover, and a hydraulic mover (Paragraphs 54-55 – “focusing mechanism”), which is configured and move one of more lenses of the imaging arrangement with respect to each other and/or the detector in order to accurately focus the image of the picture on the retina of the eye (Paragraphs 54, 55, 58). Winsor and Samec teach the apparatus set forth above for claim 1, Samec further discloses to receive the control from the person (Paragraphs 1534, 1657). It would have been obvious to one of ordinary skill to provide the apparatus of Winsor with the teachings of Samec for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 8, Winsor discloses wherein the mechanical mover is configured to move in response to a force received and convey the movement to move one of more lenses of the imaging arrangement with respect to each other in order to accurately focus the first image of the picture on the retina of the eye (Paragraphs 54, 55, 58). Winsor and Samec teach the apparatus set forth above for claim 7, Samec further discloses as the control from the person (Paragraphs 1534, 1657). It would have been obvious to one of ordinary skill to provide the apparatus of Winsor with the teachings of Samec for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 9, Winsor and Samec teach the apparatus set forth above for claim 1, Samec further discloses wherein the focus adjustment unit comprises a user interface, which is configured to receive the control from the person and electrically tune at least one lens of the imaging arrangement in order to accurately focus the first image on the retina of the eye (Paragraphs 1534, 1657). It would have been obvious to one of ordinary skill to provide the apparatus of Winsor with the teachings of Samec for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 10, Winsor and Samec teach the apparatus set forth above for claim 9, Samec further discloses wherein the user interface is configured to receive information on adjustment of a focus position and/or a refraction power performed by the focus adjustment unit, and output the focus position information in a numeric or electric format (Paragraphs 1534, 1657). It would have been obvious to one of ordinary skill to provide the apparatus of Winsor with the teachings of Samec for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 12, Winsor and Samec teach the apparatus set forth above for claim 9, Samec further discloses wherein the image source comprises a modulator, which is configured to form the picture (Paragraphs 1458, 1509). It would have been obvious to one of ordinary skill to provide the apparatus of Winsor with the teachings of Samec for at least the same reasons as those set forth above with respect to claim 1.
Regarding claim 13, Winsor discloses a method of focusing an image of a retina of an eye (12A/12B) on an image sensor of the image detector (see Figs. 1A, 1B, 5, Paragraphs 33, 34, 38) of optical ophthalmic apparatus (100), the method comprising providing, by an image source (16) of the optical ophthalmic apparatus (100), a picture (110) (see Figs. 1A, 1B, 5, Paragraphs 24-28); directing, by the image source (16), light of the picture toward an imaging arrangement of the optical ophthalmic apparatus (100) (Paragraphs 25-28, 32), the method comprising forming, by the imaging arrangement together with refraction of an eye, an image of the picture on a first image plane (see Figs. 1A, 1B, 5, Paragraphs 33, 38); locating, by the imaging arrangement, the first image plane at a known location with respect to a typical eye of a human being in a situation where the optical ophthalmic apparatus (100) is in an examination position with respect to the typical eye (see Figs. 1A, 1B, 5, Paragraphs 33, 38); directing, by the imaging arrangement, light from the retina to an image detector of the optical ophthalmic apparatus (100) (see Figs. 1A, 1B, 5); forming, by the imaging arrangement together with refraction of the eye, an image of the retina on a second image plane (see Figs. 1A, 1B, 5, Paragraphs 33, 34, 38); focusing, by the imaging arrangement the first image plane and the second image plane of which are optical conjugates to each other (see Figs. 1A, 1B, 5, Paragraphs 33, 34, 38), the image of the retina accurately on an image sensor of the image detector (26A/26B/43) if the image of the picture is simultaneously accurately focused on the retina of the eye by the eye (see Figs. 1A, 1B, 5, Paragraphs 33, 34, 38), or stimulating the eye to accommodate in order to focus the image of the picture accurately on the retina if the image of the picture is out-of- focus on the retina (Paragraphs 25, 38); and receiving, by a focus adjustment unit of the optical ophthalmic apparatus, and altering at least one of the following: a focal length of the imaging arrangement and a distance between the imaging arrangement and the first image plane or the second image plane for accurately focusing the image of the picture on the retina of the eye based on the control, if the image of the picture is out-of-focus on the retina based on the accommodation of the eye (Paragraphs 54, 55). Winsor discloses the claimed invention, but does not specify control from a person the eye of whom is examined. In the same field of endeavor, Samec discloses control from a person the eye of whom is examined (Paragraphs 1534, 1657). 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 Winsor with control from a person the eye of whom is examined of Samec for the purpose of providing accurate measurements (Paragraph 3). It has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. In re Venner, 120 USPQ 192.
Regarding claim 14, Winsor discloses further comprising receiving, by the focus adjustment unit of the optical ophthalmic apparatus; and altering at least one of the following based on the control: a focal length of the imaging arrangement and a distance between the imaging arrangement and the first image plane or the second image plane for accurately focusing the image of the picture on the retina of the eye, if the image of the picture is out-of-focus on the retina in response to the accommodation of the eye (Paragraphs 54, 55). Winsor and Samec teach the method set forth above for claim 13, Samec further discloses control from a person the eye of whom is examined (Paragraphs 1534, 1657). It would have been obvious to one of ordinary skill to provide the method of Winsor with the teachings of Samec for at least the same reasons as those set forth above with respect to claim 13.
Regarding claim 17, Winsor further discloses wherein the imaging arrangement comprises a common optical component that is common to light of the picture and light received from the retina (12A/12B) (see Figs. 1A, 1B, Paragraphs 25, 33).
Claims 5, 6, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Winsor (USPG Pub No. 2016/0242644) in view of Samec (USPG Pub No. 2016/0270656) as applied to claim1 above, and further in view of Anderson et al. (USPG Pub No. 2020/0196863), hereinafter “Anderson”.
Regarding claim 5, Winsor and Samec disclose the claimed invention, but do not specify the imaging arrangement is configured to form an intermediate image of the retina, and the detector side imaging component is configured to form an image of the intermediate image of the retina on the second image plane. In same field of endeavor, Anderson discloses the imaging arrangement is configured to form an intermediate image of the retina (Paragraphs 64, 65), and the detector side imaging component is configured to form an image of the intermediate image of the retina on the second image plane (Paragraphs 64, 65). 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 Winsor and Samec with the imaging arrangement is configured to form an intermediate image of the retina, and the detector side imaging component is configured to form an image of the intermediate image of the retina on the second image plane of Anderson for the purpose of providing the desired view of the retina (Paragraphs 64, 65).
Regarding claim 6, Winsor and Samec disclose the claimed invention, but do not specify wherein the source imaging component is configured to form an intermediate image of the picture, and the imaging arrangement is configured to form the image of the picture from the intermediate image of the picture on a first image plane. In same field of endeavor, Anderson discloses wherein the source imaging component is configured to form an intermediate image of the picture, and the imaging arrangement is configured to form the image of the picture from the intermediate image of the picture on a first image plane (Paragraphs 64, 65). 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 Winsor and Samec with wherein the source imaging component is configured to form an intermediate image of the picture, and the imaging arrangement is configured to form the image of the picture from the intermediate image of the picture on a first image plane of Anderson for the purpose of providing the desired view of the retina (Paragraphs 64, 65).
Regarding claim 11, Winsor and Samec disclose the claimed invention, but do not specify wherein that first image plane and the second image plane are optical conjugates in different wavelengths. In same field of endeavor, Anderson discloses wherein that first image plane and the second image plane are optical conjugates in different wavelengths (Paragraph 68). 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 Winsor and Samec with wherein that first image plane and the second image plane are optical conjugates in different wavelengths of Anderson for the purpose of providing the desired view of the retina (Paragraphs 64, 65).
Allowable Subject Matter
Claims 15, 16, 18 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive. Applicant argued that Winsor and Samec, alone or in combination, do not disclose or teach the claims as presented.
With respect to the independent claims 1 and 13, Winsor teaches all the limitations but does not specify a configuration in which control is received from “a person the eye of whom is examined”. Paragraph 32 of Winsor teaches that “light representative of the target is instantaneously imaged” onto the retina of each eye which is interpreted as the recited first image plane. Paragraph 33 teaches that light is reflected back onto the image sensing devices 26A and 26B which is interpreted as the recited second image plane. Additionally, Paragraph 33 teaches that the image sensing devices are conjugate to the patient’s retinas; thus the first and second image planes are conjugate to each other. Paragraph 53 teaches the placement of lens 34 for accommodation purposes; even if the intent of the configuration is to provide refraction measurement, the actions of stimulating the eye and capturing the reflected image of the retina are still required as taught in Paragraphs 25 and 38. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Lastly, Paragraphs 54 and 55 teach the adjustment of focusing lenses 22A and 22B are correlated to refraction error. Although Winsor does not explicitly state receiving control from the user or patient, the accommodation of the eye itself is a reflex and thus a response. Samec is presented solely for the purpose of providing further evidence that the “person” is capable of providing feedback leading to adjustment of a focus adjustment unit. Thus, Winsor and Samec disclose the subject matter presented in the claims. For these reasons, the claims remain rejected.
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 3/19/2026