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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding independent claims 1 and 8, the applicant claims “the controller: obtains, as the result of detection, a line profile including light intensity associated with a detection direction in which an image is acquired by the imaging element, and determines that focus is achieved when the line profile indicates that visibility V = (p -v) / (p + v), where p represents a first detection value at a peak of the light intensity and v represents a second detection value at a bottom of the light intensity, is equal to or greater than a predetermined threshold value”, however, the Examiner points out that the claimed terms “V”, “p”, “v” and “focus” are not defined as no acceptable values/ranges are given and the acceptable values are unbounded. Based on this, the claimed formula is indefinite, hence, the claims are rendered vague and indefinite because the unbounded formula has an infinite number of values.
For purposes of expediting prosecution, the Examiner interprets --V=0.999; p=1; v=.001 and the focus is achieved when V is greater than or equal to 0.90--.
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 and 3-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (WO 2021/149280; already of record with Suzuki et al. (US 2022/0322935; already of record) being used as a translation).
Regarding claim 1, Suzuki discloses, an ophthalmologic apparatus (Figs. 1-7), comprising:
a spectroscopic member (Para. 0039 and see 21) that separates light emitted from a light source (Para. 0035 and see 10) into a first spectral component (21A) and a second spectral component (21B);
an optical scanner (Para. 0046 and see 30) that guides the first spectral component and the second spectral component to an observation target region of a subject’s eye including a plurality of imaging target lines formed by dividing the observation target region in a scanning direction (Para. 0067; note, discloses vertical and horizontal scan lines that are associated with column and rows of the imaging element to which return light is incident on and imaged by the exposure imaging element);
a line exposure imaging element (50, 51) that includes a plurality of exposure lines (Para. 0063; note, discloses vertical and horizontal scan lines) capable of detecting return light (Para. 0060) from the observation target region (see “E”, “Ef”) in a light receiving region, each of the exposure lines having an imaging position (“IP”) corresponding to an associated one of the imaging target lines (Para. 0067; note, discloses vertical and horizontal scan lines that are associated with column and rows of the imaging element to which return light is incident on and imaged by the exposure imaging element); and
a controller (100, 101) that illuminates, when exposure operation is sequentially performed (Para. 0092 and 0114) on two or more of the exposure lines forming a predetermined exposure line group in order (Para. 0067), a region of the imaging target lines corresponding to the two or more exposure lines forming the predetermined exposure line group with the first spectral component and the second spectral component (Para. 0067 and see Figs. 6-7) to perform focus determination based on a result of detection by the exposure lines in the exposure line group (Para. 0091; note, discloses determining the in-focus state of the exposure lines in the exposure line group), the controller obtains, as the result of detection, a line profile including light intensity associated with a detection direction in which an image is acquired by the imaging element (Para. 0136) and determines that focus is achieved when the line profile indicates that visibility V = (p – v) / (p + v), where p represents a first detection value at a peak of the light intensity and v represents a second detection value at a bottom of the light intensity, is equal to or greater than a predetermined threshold value (Para. 0168 and 0196; note, discloses the intensity of the light is constant/unchanged and based on -- V=0.999; p=1; v=.001 and the focus is achieved when V is greater than or equal to 0.90--. The Examiner interprets that because the intensity of the light is constant/unchanged, V is greater than or equal to 0.90 and the above mentioned formula is met as the image to be acquired by the imaging element is in focus).
Regarding claim 3, Suzuki discloses, the exposure line group for detecting the first spectral component and the second spectral component includes a plurality of exposure line groups that are provided intermittently (see Figs. 6-7; note, the Examiner discloses the scanner intermittently scans horizontally then vertically).
Regarding claim 4, Suzuki discloses, the controller performs the focus determination (Para. 0091) based on a plurality of line profiles (see Figs. 6-7) obtained by increasing or decreasing a number of the exposure lines forming the exposure line group (Para. 0063; note discloses “vertical signal lines” and “horizontal signal lines”) including a plurality of exposure line groups and an interval between the plurality of exposure line groups (Para. 0067 and see “Te”; note, discloses “exposure time”).
Regarding claim 5, Suzuki discloses, the exposure line group for detecting the first spectral component and the second spectral component includes a plurality of exposure line groups that are provided intermittently (see Figs. 6-7; note, the Examiner discloses the scanner intermittently scans horizontally then vertically).
Regarding claim 6, Suzuki discloses, the controller performs the focus determination (Para. 0091) based on a plurality of line profiles (see Figs. 6-7) obtained by increasing or decreasing a number of the exposure lines forming the exposure line group (Para. 0063; note discloses “vertical signal lines” and “horizontal signal lines”) including a plurality of exposure line groups and an interval between the plurality of exposure line groups (Para. 0067 and see “Te”; note, discloses “exposure time”).
Regarding claim 7, Suzuki discloses, an illuminated region (Para. 0046 and 0066; note, discloses a “predetermined illuminated region”) illuminated with the first spectral component and the second spectral component corresponds to the plurality of the exposure lines (Para. 0066-0067 and see “IP”).
Regarding claim 8, Suzuki discloses, a focus evaluation method for an ophthalmologic apparatus (Figs. 1-7), the ophthalmologic apparatus including:
a spectroscopic member (Para. 0039 and see 21) that separates light emitted from a light source (Para. 0035 and see 10) into a first spectral component (21A) and a second spectral component (21B);
an optical scanner (Para. 0046 and see 30) that guides the first spectral component and the second spectral component to an observation target region of a subject’s eye including a plurality of imaging target lines formed by dividing the observation target region in a scanning direction (Para. 0067; note, discloses vertical and horizontal scan lines that are associated with column and rows of the imaging element to which return light is incident on and imaged by the exposure imaging element); and
a line exposure imaging element (50, 51) that includes a plurality of exposure lines (Para. 0063; note, discloses vertical and horizontal scan lines) capable of detecting return light from the observation target region (see “E”, “Ef”) in a light receiving region, each of the exposure lines having an imaging position (“IP”) corresponding to an associated one of the imaging target lines (Para. 0067; note, discloses vertical and horizontal scan lines that are associated with column and rows of the imaging element to which return light is incident on and imaged by the exposure imaging element), the focus evaluation method comprising:
illuminating, when exposure operation is sequentially performed (Para. 0092 and 0114) on two or more of the exposure lines forming a predetermined exposure line group in order (Para. 0067), a region of the imaging target lines corresponding to the two or more exposure forming the predetermined exposure line group with the first spectral component and the second spectral component (Para. 0067 and see Figs. 6-7) to perform focus determination based on a result of detection by the exposure lines in the exposure line group (Para. 0091; note, discloses determining the in-focus state of the exposure lines in the exposure line group),
the controller obtains, as the result of detection, a line profile including light intensity associated with a detection direction in which an image is acquired by the imaging element (Para. 0136), and determines that focus is achieved when the line profile indicates that visibility V = (p – v) / (p + v), where p represents a first detection value at a peak of the light intensity and v represents a second detection value at a bottom of the light intensity, is equal to or greater than a predetermined threshold value (Para. 0168 and 0196; note, discloses the intensity of the light is constant/unchanged and based on -- V=0.999; p=1; v=.001 and the focus is achieved when V is greater than or equal to 0.90--. The Examiner interprets that because the intensity of the light is constant/unchanged, V is greater than or equal to 0.90 and the above mentioned formula is met as the image to be acquired by the imaging element is in focus).
Response to Arguments
Applicant's arguments filed 06/11/2026 have been fully considered but they are not persuasive. In response to applicant’s arguments that focus is achieved when the visibility V is “equal to or greater than a predetermined threshold value” (representing a high contrast state), the Examiner points out that the Examiner points out that the claimed terms “V”, “p”, “v” and “focus” are not defined as no acceptable values/ranges are given and the acceptable values are unbounded. Based on this, the claimed formula is indefinite, hence, the claims are rendered vague and indefinite because the unbounded formula has an infinite number of values.
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 9-5.
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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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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 08/27/2026
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