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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
a housing provided with a mounting groove, wherein a light-emitting assembly and an optical signal receiving assembly are received in the mounting groove, and a cover plate closing the mounting groove (the specification defines element 501 of Figure 3 as the “mounting groove” – no groove is shown in Figure 3, neither the light-emitting assembly nor the optical signal receiving assembly are received within element 501, and there is no showing of a cover plate that closes element 501);
an optical filter arranged between a light-transmitting portion and a light-shielding portion;
a shim positioned between an optical filter and a light-shielding portion
a circuit board received in a mounting groove
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
the phrase “A intraocular pressure detection device” in line 1 of claim 1 should be amended to read “An intraocular pressure detection device”;
the term “filer” in line 2 of claim 6 should be amended to read “filter”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: light-emitting assembly and optical signal receiving assembly in claims 1 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
According to the specification, the light-emitting assembly can be a light-emitting diode lamp, and the optical signal receiving assembly can be a light sensor.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 3-9 and 12-18 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 claim 3, it is unclear what the claimed “mounting groove” is. The specification defines element 501 of Figure 5 as the mounting groove, but no groove is shown in Figure 5. None of Figures 1-4 show a groove, let alone a light-emitting assembly and an optical signal receiving assembly received in a groove. None of Figures 1-4 show a cover that closes a housing or a groove. Clarification is requested as to what is meant by a “mounting groove” as recited in the claim. The same indefiniteness issue is present in claim 12.
Regarding claim 5, if the cover plate includes a light-transmitting port (i.e., an opening) as recited in the claim, then how does it close the mounting groove? A closed mounting groove would contain no ports/openings. As best understood by the specification and Figure 2, opening 63 is the light-transmitting port, and elements 61 and 62 make up the cover. 61 and 62 do not close a groove (by virtue of opening 63 being open). The same indefiniteness issue is present in claim 14.
Claims not explicitly rejected above are rejected due to their dependence on a rejected base claim.
Claim Rejections - 35 USC § 102
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, 2, 10, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samec et al.’345 (US Pub No. 2017/0000345).
Regarding claims 1 and 10, Figure 5 of Samec et al.’345 discloses a pair of glasses with intraocular pressure detection function (see TITLE, sections [1735-1737]), the pair of glasses comprising: a glasses frame (see Figure 5); and an intraocular pressure detection device arranged in the glasses frame, wherein the intraocular pressure detection device comprises: a light-emitting assembly, the light-emitting assembly being arranged toward an eyeball, and the light-emitting assembly being configured to emit a first ray to the eyeball, the first ray being partially absorbed by the eyeball to form a second ray (section [1737]); an optical signal receiving assembly, the optical signal receiving assembly being arranged at a side of the light-emitting assembly, and the optical signal receiving assembly being disposed toward the eyeball for receiving a third ray, the second ray being reflected by the eyeball to form the third ray, the optical signal receiving assembly being configured to convert the received third ray into a detection signal (sections [1736-1737]); and a processor, the processor being electrically connected to the optical signal receiving assembly, the processing receiving the detection signal and converting the detection signal into intraocular pressure data (sections [1736] and [1739]).
Regarding claims 2 and 11, a wavelength of the first ray is 300nm to 1100nm (section [1737]: “infrared wavelengths”).
Examiner’s Note
The following is a statement of reasons for the lack of prior art rejections against claims 3-9 and 12-18:
Regarding claims 3 and 12, none of the prior art discloses or suggests, either alone or in combination, an intraocular pressure detection device, the device comprising: a housing and a cover plate, wherein the housing is provided with a mounting groove at one end facing an eyeball, a light-emitting assembly and an optical signal receiving assembly are received in the mounting groove, and the cover plate is provided on an end of the housing facing the eyeball to close the mounting groove, in combination with the other claimed elements.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Luce’998 (US Pub N. 2004/0183998), Badehi et al.’033 (US Pub No. 2004/0193033), Wang et al.’145 (US Pub No. 2014/0114145), Shau et al.’626 (US Pub No. 2017/0181626), and Obama’661 (US Pub No. 2022/0061661) discloses a non-invasive intraocular pressure detection device comprising a light-emitting assembly, an optical signal receiving assembly, and a processor configured to convert a received detection signal into intraocular pressure data.
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/ETSUB D BERHANU/Primary Examiner, Art Unit 3791