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 .
Response to Arguments
Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive.
Applicants argue that prior art of record Sakurada (JP Patent Publication Number 2017143992 A) fails to teach wherein the self-optometry program further causes the first information processing device to perform restricting after the calling instruction was inputted, an input of the response from the examinee that is inputted after the calling instruction. The examiner respectfully disagrees since Sakurada teaches in ¶0131 “upon receiving information input from the external examiner terminal 5 or the internal examiner terminal 3, the output control unit 201 adds a predetermined flag (for example, a flag indicating that the information is for other examiners). If it is not accompanied, control for outputting this information is executed, and if it is accompanied, the control is not carried out” and ¶0067 teaches “internal examiner terminal 3, and the external examiner terminal 5 transmits a communication request (call request) for calling another apparatus (that user) and communication between the other two apparatuses “. The examiner interprets from ¶0067 and 0131 wherein the self-optometry program further causes the first information processing device (201) to perform restricting (the predetermined flag explained in ¶0131) after the calling instruction was inputted (¶0131 teaches upon receiving information input from the external examiner terminal 5 or the internal examiner terminal 3 and ¶0067 discloses that the information received is a call), an input of the response from the examinee that is inputted after the calling instruction (¶0131 “the internal examiner and the external examiner can perform an operation to distinguish whether the information input by himself is for the examinee or another examiner”).
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.
Claims 1 and 3, 5-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sakurada (JP Patent Publication Number 2017143992 A).
Sakurada teaches, as in claim 1, a non-transitory, computer readable, tangible storage medium storing an optometry control program (¶0029 “a computer program stored in a storage circuit or a storage device”) for a subjective optometry system (21, ¶0034 “the examination unit 21 includes at least an optical system for projecting light on the eye to be examined, and the return light of the light projected on the eye and further includes an optical system”) including a subjective optometry device (21) and a first information processing device (20, ¶0029 “control unit 20 includes a processor”) connected to the subjective optometry device (¶0033 “inspection unit 21 performs inspection of the eye to be inspected under the control of the control unit 20”), the subjective optometry device (21) including a correction optical system (211) that is configured to change an optical characteristic (¶0036 “luminous flux …212 “optical element 212 may include any of various optical elements such as a lens (objective lens or the like)”) of a visual target light flux presented to a subject eye (¶0036 “optical element 212 is applied to the eye E to be examined to guide the luminous flux output from the projection system 213 to the eye E to be examined”) and a visual target presentation unit (214, “214 is responsible for displaying the information used for the examination (examination information, visual target, fixation target, etc.)”) that is configured to present a visual target to the subject eye (¶0037), the subjective optometry device (21) subjectively measuring an optical characteristic of the subject eye (¶0034 “where the inspection unit 21 has the function of measuring the characteristics of the eye E to be examine”), the program being executed by the first information processing device (21, ¶0029 “control unit 20 realizes the function according to the embodiment by reading and executing, for example, a computer program stored in a storage circuit or a storage device”) and comprising, a self-optometry program (the control unit 20 that has the program that controls the examination unit 21) that causes a self-optometry to proceed automatically based on a response from an examinee (¶0188 “communication mode 1 shows a state in which the examinee performs inspection by the ophthalmologic examination apparatus 2 by itself”, ¶0028 “ophthalmic examination apparatus 2 includes a control unit 20, an examination unit 21”) , wherein the self-optometry program (“program stored in control unit 20”), when executed by the first information processing device (20), causes the first information processing device (20) to perform, controlling the correction optical system (211) and the visual target presentation unit (214) to perform a plurality of examination items in accordance with a progress procedure (¶0038 “information generating unit 22 a generates examination situation information …progress status of examination (examination phase), intermediate results of examination (for example, presentation history of visual targets in visual acuity test), examination time (for example, examination start time, elapsed time)” and ¶0083” control unit 20 causes the inspection situation information generating unit 22 a to start generating the inspection state information”) for the self-optometry that automatically proceeds (¶0188), acquiring a response inputted by the examinee who visually recognized the presented visual target (¶0108 “the visual acuity test, it is possible to output a message corresponding to the correct/incorrect answer of the examinee's response”), and executing an assistance operation to assist in a progress of the self-optometry when a problem occurs during the progress of the self-optometry (412,¶0086, 0087), wherein the self-optometry program (“program stored in control unit 20”) further causes the first information processing device (20) to perform, receiving, from the examinee, an input of a calling instruction for executing a calling operation to call for an assistant (¶0084 ”when the examiner's assistance is necessary, the examinee calls the examiner” and ¶0085 “control unit 20 controls the communication unit 24 to transmit the examiner call request”), executing the calling operation based on the received calling instruction received (¶0085 “control unit 20 controls the communication unit 24 to transmit the examiner call request”), the self-optometry program further causes the first information processing device (201) to perform restricting (the predetermined flag explained in ¶0131) after the calling instruction was inputted (¶0131 teaches upon receiving information input from the external examiner terminal 5 or the internal examiner terminal 3 and ¶0067 discloses that the information received is a call), an input of the response from the examinee that is inputted after the calling instruction (¶0131 “the internal examiner and the external examiner can perform an operation to distinguish whether the information input by himself is for the examinee or another examiner”). Sakurada fails to explicitly teach a setting, based on the received calling instruction, an examination timing for the assistance operation such that the assistance operation starts from an examination item among the plurality of examination items that was performed at a timing the calling instruction was inputted. However, Sakurada implicitly teaches a setting, based on the received calling instruction, an examination timing for the assistance operation (0084 ”when the examiner's assistance is necessary, the examinee calls the examiner”) such that the assistance operation starts from an examination item among the plurality of examination items that was performed at a timing the calling instruction was inputted 1 (¶0070 “a communication request (for example, a call request) transmitted from the ophthalmic examination apparatus 2 may include…, information indicating the progress status of the examination, etc.” and ¶0084 ”examples of cases where examiners' assistance is necessary include … when you want to return the examination step”).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the self-optometry program, as taught by, with the calling setting, as taught by Sakurada, for the purpose of providing a way to automatically select an external examiner suitable for solving the problem and to provide remote assistance (¶0132).
Sakurada teaches, as in claim 3, wherein the self-optometry program further causes the first information processing device to perform, storing, in a storge device (¶0103, 431), the examination item (¶0103) “specified character string”) that was performed at the timing the calling instruction was inputted (¶0120 “the examinee performs a predetermined operation or voice input in order to request assistance of the examiner, the communication request generating unit 22b generates a communication request (call request) based thereon)” and ¶0103 “A storage device that stores correspondence information beforehand stored in the external examiner terminal 5, analyzes the voice information from the external examiner terminal 5 to specify a character string uttered by the examiner, specifies the control content corresponding to the specified character string based on the correspondence information processor “) and setting, based on the examination item stored in the storage device (¶0103), the examination timing to the examination item that was performed at the timing the calling instruction was inputted (¶0042) .
Sakurada teaches, as in claim 5, wherein the self-optometry program further causes the first information processing device to perform, restricting, until the calling instruction is inputted, at least a part of an operation input from an examiner controller that is configured to operate the subjective optometry device by an examiner as the assistant (¶0123, 0126 and 0130 “output control unit 201 controls the operation of the external examiner avatar based on the instruction information…can cooperate with each other to assist the examinee”), and removing the restriction on the operation input from the examiner controller when the calling instruction is inputted ((¶0131 which states “the output control unit 201 of the ophthalmic examination apparatus 2 switches the presence/absence of output of information based on the incidental information (flag or the like) of the information … he output control unit 201 adds a predetermined flag (for example, a flag indicating that the information is for other examiners).If it is not accompanied, control for outputting this information is executed, and if it is accompanied, the control is not carried out”)
Sakurada teaches, as in claim 6, wherein the self-optometry program further causes the first information processing device to perform outputting an elapsed time since the calling instruction was inputted (¶0085 and 0186).
Sakurada teaches, as in claim 7, wherein the self-optometry program further causes the first information processing device to perform the assistance operation in response to an instruction inputted into a second information processing device that is another information processing device connected to the first information processing device via a network (Fig. 1 ¶0019, “are connected to each other through a network, a wide area network built in the nth facility, and a near field communication technology and may be configured to allow communication” in order to connect through a network).
Sakurada teaches, as in claim 8, wherein when starting the assistance operation from the examination item that was performed at the timing the calling instruction was inputted, the self-optometry program further causes the first information processing device to perform at least one of, presenting, with the visual target presentation unit (¶0042), the visual target that was presented at the timing the calling instruction was inputted (¶0042 and 0083).
Sakurada teaches, as in claim 9, wherein when starting the assistance operation from the examination item that was performed at the timing the calling instruction was inputted, the self-optometry program further causes the first information processing device to perform at least one of, presenting, with the visual target presentation unit (¶0042), the visual target that was presented at a start timing of the examination item that was performed at the timing the calling instruction was inputted (“¶0042 “Specific conditions include, for example, that the examination is not in progress, that intermediate results of the examination (for example, presentation history of visual targets in the visual acuity test) are inappropriate, that elapsed time from the start of examination is long”).
Sakurada teaches, as in claim 10, An non-transitory, computer readable, tangible storage medium storing an optometry control program (¶0029 “a computer program stored in a storage circuit or a storage device”) for a subjective optometry system (21, ¶0034 “the examination unit 21 includes “at least an optical system for projecting light on the eye to be examined, and the return light of the light projected on the eye and further includes an optical system”) including a subjective optometry device (21) and a first information processing device (20, 0029 “control unit 20 includes a processor”) connected to the subjective optometry device (¶0033 “inspection unit 21 performs inspection of the eye to be inspected under the control of the control unit 20”), the subjective optometry device (21) including a correction optical system (211) that is configured to change an optical characteristic (¶0036 “luminous flux …212 “optical element 212 may include any of various optical elements such as a lens (objective lens or the like)”) of a visual target light flux presented to a subject eye (¶0036 “optical element 212 is applied to the eye E to be examined to guide the luminous flux output from the projection system 213 to the eye E to be examined”) and a visual target presentation unit (214) that is configured to present a visual target to the subject eye (¶0037), the subjective optometry device (21) subjectively measuring an optical characteristic of the subject eye (¶0034 “where the inspection unit 21 has the function of measuring the characteristics of the eye E to be examine”), the program being executed by the first information processing device (¶0029 “control unit 20 realizes the function according to the embodiment by reading and executing, for example, a computer program stored in a storage circuit or a storage device”) and comprising, a self-optometry program (the control unit 20 has the program that controls the examination unit 21) that causes a self-optometry to proceed automatically based on a response from an examinee (¶0188 “communication mode 1 shows a state in which the examinee performs inspection by the ophthalmologic examination apparatus 2 by itself”, ¶0028 “ophthalmic examination apparatus 2 includes a control unit 20, an examination unit 21”) , wherein the self-optometry program (“program stored in control unit 20”), when executed by the first information processing device (20), causes the first information processing device (20) to perform, controlling the correction optical system (211) and the visual target presentation unit (214) to perform a plurality of examination items in accordance with a progress procedure (¶0038 “information generating unit 22 a generates examination situation information …progress status of examination (examination phase), intermediate results of examination (for example, presentation history of visual targets in visual acuity test), examination time (for example, examination start time, elapsed time)” and ¶0083 ”control unit 20 causes the inspection situation information generating unit 22 a to start generating the inspection state information”) for the self-optometry that automatically proceeds, acquiring a response inputted by the examinee who visually recognized the presented visual target (¶0108 “the visual acuity test, it is possible to output a message corresponding to the correct / incorrect answer of the examinee's response”), and executing an assistance operation to assist in a progress of the self-optometry when a problem occurs during the progress of the self-optometry (412,¶ 0086, 0087), wherein the self-optometry program (“program stored in control unit 20”) further causes the first information processing device (20) to perform, receiving an input of an execution instruction for executing the assistance operation (¶0084 ”when the examiner's assistance is necessary, the examinee calls the examiner” and ¶0085 “control unit 20 controls the communication unit 24 to transmit the examiner call request”), Sakurada fails to teach restricting an input of the response that is inputted after receiving the execution instruction. However, Sakurada implicitly teaches restricting an input of the response that is inputted after receiving the execution instruction2 (¶ 0131 “the output control unit 201 of the ophthalmic examination apparatus 2 switches the presence/absence of output of information based on the incidental information (flag or the like) of the information … the output control unit 201 adds a predetermined flag (for example, a flag indicating that the information is for other examiners). If it is not accompanied, control for outputting this information is executed, and if it is accompanied, the control is not carried out”).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the self-optometry program, as taught by Sakurada, with the restriction, as taught by Sakurada, for the purpose of providing a way to automatically select an external examiner suitable for solving the problem and to provide remote assistance (¶0132).
Sakurada teaches, as in claim 11, a non-transitory, computer readable, tangible storage medium storing an optometry control program (¶0029 “a computer program stored in a storage circuit or a storage device”) for a subjective optometry system (21, ¶0034 the examination unit 21 includes “at least an optical system for projecting light on the eye to be examined, and the return light of the light projected on the eye and further includes an optical system”) including a subjective optometry device (21) and a first information processing device (20) connected to the subjective optometry device (21), the subjective optometry device including a correction optical system (211) that is configured to change an optical characteristic (¶0036 “luminous flux …212 “optical element 212 may include any of various optical elements such as a lens (objective lens or the like)”) of a visual target light flux presented to a subject eye and a visual target presentation unit (214) that is configured to present a visual target to the subject eye (¶0037), the subjective optometry device (21) subjectively measuring an optical characteristic of the subject eye (¶0034 “where the inspection unit 21 has the function of measuring the characteristics of the eye E to be examine”), the program being executed by the first information processing device (20) and comprising, a self-optometry program (the control unit 20 has the program that controls the examination unit 21) that causes a self-optometry to proceed automatically based on a response from an examinee (¶0188 “communication mode 1 shows a state in which the examinee performs inspection by the ophthalmologic examination apparatus 2 by itself”, ¶0028 “ophthalmic examination apparatus 2 includes a control unit 20, an examination unit 21”), wherein the self-optometry program, when executed by a controller of the first information processing device (control unit 20), causes the first information processing device (20) to perform, controlling the correction optical system (211) and the visual target presentation unit (214, ¶0033 “inspection unit 21 performs inspection of the eye to be inspected under the control of the control unit 20” and 0037 “the LCD 214 operates under the control of the control unit 20”) to perform a plurality of examination items in accordance with a progress procedure for the self-optometry that automatically proceeds (¶0173 ”information presented by the information presenting optical system includes information automatically presented by the ophthalmic examination apparatus 2…control of the operation of the character displayed on the LCD 217 is executed by the character control unit 202 in the output control unit”) acquiring a response inputted by the examinee who visually recognized the presented visual target (¶0108 “the visual acuity test, it is possible to output a message corresponding to the correct/incorrect answer of the examinee's response”), and executing an assistance operation to assist in a progress of the self-optometry when a problem occurs during the progress of the self-optometry (¶0084, and 0132) wherein the self-optometry program further causes the first information processing device (20) to perform, receiving an input of an execution instruction for executing the assistance operation (¶0084), at least a part of an operation input from an examiner controller that is configured to control the subjective optometry device by an examiner as the assistant (¶0123, 0126 and 0130 “output control unit 201 controls the operation of the external examiner avatar based on the instruction information…can cooperate with each other to assist the examinee”), Sakurada fails to explicitly teach restricting, until the execution instruction is inputted and removing the restriction on the operation input from the examiner controller when receiving the execution instruction.. However, Sakurada implicitly teaches restricting, until the execution instruction is inputted and removing the restriction on the operation input from the examiner controller when receiving the execution instruction (¶0131 which states “the output control unit 201 of the ophthalmic examination apparatus 2 switches the presence / absence of output of information based on the incidental information (flag or the like) of the information … output control unit 201 adds a predetermined flag (for example, a flag indicating that the information is for other examiners) . If it is not accompanied, control for outputting this information is executed, and if it is accompanied, the control is not carried out”)3.
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the self-optometry program, as taught by Sakurada, with the restriction, as taught by Sakurada, for the purpose of providing a way to automatically select an external examiner suitable for solving the problem and to provide remote assistance (¶0132).
Sakurada teaches, as in claim 12, a subjective optometry system (21), comprising, a subjective optometry device (21), and a first information processing device (20) connected to the subjective optometry device (¶0033 “inspection unit 21 performs inspection of the eye to be inspected under the control of the control unit 20”), wherein the subjective optometry device (21) includes a correction optical system (211) that is configured to change an optical characteristic (¶0036 “luminous flux …212 “optical element 212 may include any of various optical elements such as a lens (objective lens or the like) “) of a visual target light flux presented to a subject eye and a visual target presentation unit (214) that is configured to present a visual target to the subject eye, the subjective optometry device (21) is configured to subjectively measure an optical characteristic of the subject eye (¶0034 “where the inspection unit 21 has the function of measuring the characteristics of the eye E to be examine”), the first information processing device (20) is configured to execute a self-optometry program (the control unit 20 has the program that controls the examination unit 21) that causes a self-optometry to proceed automatically based on a response from an examinee (¶0188), wherein the first information processing device (20) is, by executing the self-optometry program (the control unit 20 has the program that controls the examination unit 21), configured to, control the correction optical system (211) and the visual target presentation unit (214) to perform a plurality of examination items in accordance with a progress procedure for the self-optometry that automatically proceeds (¶0038 “information generating unit 22 a generates examination situation information …progress status of examination (examination phase), intermediate results of examination (for example, presentation history of visual targets in visual acuity test), examination time (for example, examination start time, elapsed time)” and ¶0083” control unit 20 causes the inspection situation information generating unit 22 a to start generating the inspection state information”), acquire a response inputted by the examinee who visually recognized the presented visual target (¶0108 “the visual acuity test, it is possible to output a message corresponding to the correct / incorrect answer of the examinee's response”), and execute an assistance operation to assist in a progress of the self-optometry when a problem occurs during the progress of the self-optometry (412, ¶0086, 0087), wherein the first information processing device (20) is, by executing the self-optometry program, further configured to receive, from the examinee, an input of a calling instruction for executing a calling operation to call for an assistant execute the calling operation based on the received calling instruction, and set, based on the received calling instruction (¶0084 ”when the examiner's assistance is necessary, the examinee calls the examiner” and ¶0085 “control unit 20 controls the communication unit 24 to transmit the examiner call request), an examination timing for the assistance operation such that the assistance operation starts from an examination item among the plurality of examination items that was performed at a timing the calling instruction was inputted (0070 “a communication request (for example, a call request) transmitted from the ophthalmic examination apparatus 2 may include…, information indicating the progress status of the examination, etc.” and ¶0084 ”examples of cases where examiners' assistance is necessary include … when you want to return the examination step”).
Sakurada teaches, as in claim 13, further comprising a second information processing device that is another information processing device connected to the first information processing device via a network (¶0019 “are connected to each other through a network (in-facility LAN or the like), a wide area network (the Internet or the like) built in the nth facility, and a near field communication technology And may be configured to allow communication” in order to connect through a network, (¶0023” of a case where the management server 4 includes a plurality of computers (processor) is shown in FIG. 1B”), wherein the first information processing device (20) is further configured to perform the assistance operation in response to an instruction inputted into the second information processing device.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being obvious over Sakurada (JP Patent Publication Number 2017143992 A) in view of Polat (US Patent Publication Number 2011/0116047 A1).
Sakurada teaches, as in claim 2, wherein the self-optometry program ((¶0083) further causes the first information processing device to perform setting the examination timing to the examination item that was performed at the timing the calling instruction (¶0038, “amination time (for example, examination start time, elapsed time)” & ¶0070) was inputted, Sakurada fails to explicitly teach temporarily stopping the self-optometry at the timing the calling instruction was inputted. In a related art, Polat teaches temporarily stopping the self-optometry at the timing the calling instruction was inputted (¶0105).
It would have been obvious to one of ordinary skill of the art before the effective filling date of the claimed invention to have modified the self-optometry program, as taught by Sakurada, with the stopping instruction, as taught by Polat, for purpose of providing a way to allow or prevent interruption by incoming call during the training session (¶0105).
Conclusion
THIS ACTION IS MADE FINAL. 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 JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
06 January 2026
/SHARRIEF I BROOME/ Primary Examiner, Art Unit 2872
1 Sakurada teaches in ¶0070 a communication request (for example, a call request) (“this would be the call request) transmitted from the ophthalmic examination apparatus 2 … information indicating the progress status of the examination, etc. (examination item of the plurality examination items.) Sakurada teaches in ¶0084 examples of cases where examiners' assistance is necessary include when you want to return the examination step (meaning you would have already been in the current step of an examination item and would like to go back).
2 The flag would be considered the restriction and based on the flag the information is carried or not carried out
3 The flag would be considered the restriction and based on the flag the information is carried or not carried out.