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 § 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.
Claim(s) 1-4, and 7-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hudman (US 20250035953) herein after referred to as D1.
With regard to claim 1, D1 teaches an optical device, in at least (Figs. 1 and 4A-5B) comprising: a first actuator assembly (107l and 130l); and a second actuator assembly (107r and 130r), each attached to a support member (108), a first optical element (404) operably coupled to the first actuator assembly (107l and 130l); a second optical element (406) operably coupled to the second actuator assembly (107r and 130r); and a pupil-tracking module ([0029]) adapted to track a subject’s pupil ([0029]), the subject’s pupil ([0029]) having an optical axis (410), the pupil-tracking module ([0029]) comprising a processor ([0053]), the processor ([0053]) being operably linked to the first (414) and second (416) actuator assemblies, the first (414) and second (416) actuator assemblies being adapted to move the first (404) and second optical (406) elements, respectively, under the control of the processor ([0053]).
With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein: the first actuator assembly (107l and 130l) is adapted to move the first optical element (404) along an axis that is perpendicular to the optical axis (410); and the second actuator assembly (107r and 130r) is adapted to move the second optical element (406) along the axis that is perpendicular to the optical axis (410).
With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein: the first actuator assembly (107l and 130l) is adapted to rotate (Fig. 4B) the first optical element (404) around an axis that is perpendicular to the optical axis (410); and the second actuator assembly (107r and 130r) is adapted to rotate (Fig. 4B) the second optical element (406) around the axis (410) that is perpendicular to the optical axis (410).
With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 2, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein: the first actuator assembly (130l) is adapted to move the first optical element (404) along an axis parallel to the optical axis (410); and the second actuator assembly (107r and 130r) is adapted to move the second optical element (406) along the axis parallel to the optical axis (410).
With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the first optical element (404) comprises a lens ([0066]), an optical filter ([0066]), or a polarizer ([0066]).
With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the pupil-tracking module ([0029]) further comprises an illumination source ([0030]); and a sensor ([0029]), the illumination source and sensor ([0029]) being electrically connected to the processor ([0053]).
With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 8, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein: the illumination source is adapted to illuminate the subject’s pupil ([0029]), thereby generating a reflected beam ([0030]); and the sensor ([0029]) is adapted to detect the reflected beam ([0030]) and convert the reflected beam ([0030]) to an electrical signal ([0051] and [0056]).
With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 9, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the processor ([0053]) is adapted to: receive the electrical signal ([0051] and [0056]) from the sensor ([0029]); transform the electrical signal ([0051] and [0056]) into a pupil position signal ([0029] and [0030]); and transmit the pupil position signal ([0029] and [0030]) to the first (414) and second (416) actuator assemblies.
With regard to claim 11, D1 a method of using an optical device, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); the device having a movable optical element; the method comprising: determining a subject’s pupil ([0029]) position, the subject’s pupil ([0029]) having an optical axis (410); and based on the pupil position, moving an optical element (404 and 406) in relation to the optical axis (410).
With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein moving the optical element comprises: moving the optical element along an axis perpendicular ([0035]) to the optical axis (410).
With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein moving the optical element comprises: rotating (fig. 4B) the optical element (404 or 406) around an axis perpendicular to the optical axis (410).
With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein moving the optical element comprises: moving the optical element along an axis parallel ([0026]) to the optical axis (410).
With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 11, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the device comprises an illumination source ([0030]) adapted to illuminate the subject’s pupil ([0029]) thereby generating a reflected beam ([0030]), the method comprising: illuminating the subject’s pupil ([0029]); detecting the reflected beam ([0030]) with a sensor ([0029]); and converting the reflected beam ([0030]) to an electrical signal ([0051] and [0056]).
With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 15, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the device further comprises an actuator assembly (fig. 4A-5B), the method comprising: transforming the electrical signal ([0051] and [0056]) into a pupil position signal ([0029] and [0030]); transmitting the pupil position signal ([0029] and [0030]) to the actuator assembly (fig. 4A-5B); and causing the actuator assembly to move the optical element (404 or 406).
Claim Rejections - 35 USC § 103
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(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hudman (US 20250035953) herein after referred to as D1 as applied to claim 1 above, and further in view of Khoshnevisan (US 6320707) herein after referred to as D2.
With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the first actuator assembly (107l and 130l) comprises a first actuator (414 Left eye), a second actuator (416 left eye).
However, while D1 does express the use of multiple actuators it does not expressly disclose the use of a third actuator, a fourth actuator, and a fifth actuator, each operably coupled to the first optical element.
In a related endeavor, D2 teaches an optical apparatus utilizing up to 5 actuators per optical element, in at least (claims 11 and 12 together).
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 invention of D1 with the use of up to at least 5 actuators to move the optical element as described in the invention of D2, for the express purpose of gaining further control over every axis or rotation and movement of the lens within the optical system.
With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined above with respect to claim 1, wherein D1 further teaches an optical apparatus, in at least (Figs. 1 and 4A-5B; [0029], and [0053]); wherein the second actuator assembly (107r and 130r) comprises a sixth actuator (414 right eye), a seventh actuator (416 right eye).
an eighth actuator, a ninth actuator, and a tenth actuator, each operably coupled to the second optical element
However, while D1 does express the use of multiple actuators it does not expressly disclose the use of an eighth actuator, a ninth actuator, and a tenth actuator, each operably coupled to the second optical element.
In a related endeavor, D2 teaches an optical apparatus utilizing up to 5 actuators per optical element, in at least (claims 11 and 12 together).
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 invention of D1 with the use of up to at least 5 actuators to move the optical element as described in the invention of D2, for the express purpose of gaining further control over every axis or rotation and movement of the lens within the optical system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ollila (US 20210243384): as the PGPUB relates to imaging systems and methods for producing images using means for adjusting optical focus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRANT A GAGNON/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872