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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Allowable Subject Matter
Claim 3, 5-6 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.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naito et al. (JP2018038518, of record).
Regarding claim 18, Naito discloses an ophthalmic device comprising:
an acquisition optical system that acquires eye information of an eye to be examined ([0036], 40);
an electric optical system change mechanism that changes at least one of a position or an orientation of the acquisition optical system with respect to the eye to be examined (3, [0033]-[0034]);
a display that is visually recognizable by an operator who operates the optical system change mechanism ([0035], 6); and
a controller that displays, on the display, positional relationship information indicating a positional relationship between internal structure of the eye (the image includes the cornea, which is an internal structure) to be examined and the acquisition optical system ([0052] and Fig. 4a/b where eye structures are shown and the position of the acquisition unit can be seen, which allows the user to use the positional information to locate the acquisition unit over the desired region).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naito e in view of Fridman (RU2019133).
Regarding claim 1, Naito discloses an ophthalmic device (Fig. 1a/b) comprising:
an acquisition optical system that acquires eye information of an eye to be examined ([0036], 40);
an electric optical system change mechanism that changes at least one of a position or an orientation of the acquisition optical system with respect to the eye to be examined (3, [0033]-[0034]);
a display that is visually recognizable by an operator who operates the optical system change mechanism ([0035], 6); and
a controller that displays (50), on the display, positional relationship information indicating a positional relationship between the eye to be examined and the acquisition optical system ([0052]).
Naito displays positional relationship ([0052]) and graphical icons of the eye to be examined (Figs. 4a/b) but does not explicitly disclose wherein the positional relationship information is displayed by at least one of a first graphic image in which a first icon indicating the eye to be examined and a second icon indicating the acquisition optical system are indicated by an isometric projection method.
However, Fridman teaches a method of examining the eye (Abstract) wherein a positional relationship information is displayed by at least one of a first graphic image in which a first icon indicating the eye to be examined and a second icon indicating the acquisition optical system are indicated by an isometric projection method (P. 3 left column last paragraph through first paragraph right column: “Video signals from a series of scans obtained in this way are electronically processed on an IBM PC / AT computer (USA), which provides three-dimensional visualization of the eyeball in an isometric projection along the meridian of localization of pathological structures in real time, allowing us to judge their mobility, prevalence and relief. The third coordinate necessary for constructing a three-dimensional image is formed (or set) by analyzing the differences between the video signals…”).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Fridman such that the positional relationship was indicated using an isometric projection method motivated by improving operator efficiency.
Regarding claim 2, modified Naito discloses wherein the positional relationship information displayed further includes a light flux image indicating a light flux between the eye to be examined and the acquisition optical system (the brightness of an image is an indication of light flux), an optical axis image indicating an optical axis of the acquisition optical system (Figs. 4a/b), a scale image imitating a scale indicating at least one of a distance from the eye to be examined to the acquisition optical system or a rotation angle of the acquisition optical system with respect to the eye to be examined (Fig. 4b), and a numerical value image indicating at least one of a distance from the eye to be examined to the acquisition optical system or a rotation angle of the acquisition optical system with respect to the eye to be examined as a numerical value (75).
Regarding claim 12, modified Naito discloses wherein the display is installed in any one of an environment in which the operator is capable of directly confirming the positional relationship or an environment in which the operator is not capable of directly confirming the positional relationship (it must be true that at least one of the above alternative limitations since there are no other possible scenarios).
Regarding claim 13, modified Naito discloses wherein the controller, the optical system change mechanism, and the display are coupled via a cable, coupled via wide area wireless communication, coupled via near field wireless communication, or coupled via a management server (it must be true that the controller, change mechanism and display are coupled via either a wire or wirelessly since there are no other possible methods of coupling electronics).
Regarding claim 14, modified Naito discloses wherein the controller displays, on the display, a current state or a target state of at least one of site information of the eye to be examined including at least one of an anterior eye portion of the eye to be examined, a posterior eye portion of the eye to be examined, a vitreous body of the eye to be examined, a crystalline lens of the eye to be examined, and a retinal area of the eye to be examined, a light flux between the eye to be examined and the acquisition optical system, an optical axis of the acquisition optical system, a distance from the eye to be examined to the acquisition optical system, and an orientation of the acquisition optical system with respect to the eye to be examined (Fig. 4a/b shows the eye being examined and at least [0003]).
Regarding claim 15, modified Naito discloses wherein the controller enlarges or reduces the site information indicated on the display, or changes a display center position, and displays, on the display, to display the site information again ([0030] enlarged image of the cornea and [0036] live video while moving).
Claims 4, 7-11 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Naito in view of Fridman and further in view of Nakajima.
Regarding claim 4, modified Naito discloses a panel function, the optical system change mechanism has a position change mechanism that moves the acquisition optical system in at least one of a left-right direction, a front-rear direction, and an up-down direction with respect to the eye to be examined, and the controller that displays, on the display, a second software key, and moves the position change mechanism by the acquisition optical system when a touch operation is performed on the second software key ([0034]).
Naito does not disclose wherein the display has a touch panel function.
However, Nakajima teaches a method of controlling an ophthalmic testing apparatus using a touch panel ([0044]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Nakajima such that the controller included a touch panel motivated by improving device control.
Regarding claim 7, modified Naito discloses comprising panel function, and the controller displays, on the display, an optical axis image indicating an optical axis of the acquisition optical system, and changes at least one of a position or an orientation of the acquisition optical system by the optical system change mechanism according to a touch operation on the optical axis image ([0034]).
Naito does not disclose wherein the display has a touch panel function.
However, Nakajima teaches a method of controlling an ophthalmic testing apparatus using a touch panel ([0044]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Nakajima such that the controller included a touch panel motivated by improving device control.
Regarding claim 8, modified Naito discloses comprising panel function, and the controller displays, on the display, a retina image indicating a retina of the eye to be examined, and changes at least one of a position or an orientation of the acquisition optical system by the optical system change mechanism according to a touch operation on the retina image ([0034]).
Naito does not disclose wherein the display has a touch panel function.
However, Nakajima teaches a method of controlling an ophthalmic testing apparatus using a touch panel ([0044]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Nakajima such that the controller included a touch panel motivated by improving device control.
Regarding claim 9, modified Naito discloses comprising panel function, and the controller displays, on the display, a light flux image indicating a light flux between the eye to be examined and the acquisition optical system, and changes at least one of a position or an orientation of the acquisition optical system by the optical system change mechanism according to a touch operation on the light flux image ([0034] and the brightness of an image is an indication of light flux).
Naito does not disclose wherein the display has a touch panel function.
However, Nakajima teaches a method of controlling an ophthalmic testing apparatus using a touch panel ([0044]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Nakajima such that the controller included a touch panel motivated by improving device control.
Regarding claim 10, modified Naito discloses comprising panel function, and the controller displays, on the display, a scale image imitating a scale indicating at least one of a distance from the eye to be examined to the acquisition optical system or a rotation angle of the acquisition optical system with respect to the eye to be examined ([0024]), and changes at least one of a position or an orientation of the acquisition optical system by the optical system change mechanism according to a touch operation on the scale image ([0033]-[0035]).
Naito does not disclose wherein the display has a touch panel function.
However, Nakajima teaches a method of controlling an ophthalmic testing apparatus using a touch panel ([0044]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Nakajima such that the controller included a touch panel motivated by improving device control.
Regarding claim 11, modified Naito discloses comprising panel function, and the controller that displays, on the display, a numerical value image indicating at least one of a distance from the eye to be examined to the acquisition optical system or a rotation angle of the acquisition optical system with respect to the eye to be examined as a numerical value ([0024]), and changes at least one of a position or an orientation of the acquisition optical system by the optical system change mechanism according to a touch operation on the numerical value image ([0033]-[0035]).
Naito does not disclose wherein the display has a touch panel function.
However, Nakajima teaches a method of controlling an ophthalmic testing apparatus using a touch panel ([0044]).
It would have been obvious to one having ordinary skill in the art as of the effective filing date of the invention to combine Naito and Nakajima such that the controller included a touch panel motivated by improving device control.
Regarding claim 16, modified modified Naito discloses wherein the touch operation is at least one of a single tap operation, a double tap operation, a long press operation, a flick operation, a swipe operation, a drag operation, a pinch-in operation, and a pinch-out operation (a touch panel would inherently require a tap or drag operation).
Regarding claim 17, modified Naito discloses wherein the controller changes control of the optical system change mechanism according to at least one of a type, a number of times, and an operation amount of the touch operation (a touch panel that controls a mechanism, [0044] of Nakajima, would necessarily administer said control via any of the above).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-17 have been considered but are moot because of new grounds of rejection.
Regarding claim 18, after review of the prior art and eye anatomy, the examiner believes the cornea is sufficient to disclose an “internal structure” for purposes of eye examination orientation. Naito shows this in Fig. 4 a/b and mentions corneal imaging data throughout the disclosure. An amendment to distinguish the cornea (such as posterior structures or other specific anterior structures) would overcome this rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
USPAT 7660452 – uses color coded isometric views of imaged targets
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS S FISSEL whose telephone number is (313)446-6573. The examiner can normally be reached on 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached on (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRAVIS S FISSEL/Primary Examiner, Art Unit 2872
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