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 .
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.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on February 16, 2026 is acknowledged.
Applicant’s election without traverse of Species A in the reply filed on February 16, 2026 is acknowledged.
Claims 7-10, 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 16, 2026.
Response to Amendment
The preliminary amendment filed April 7, 2026 has been entered.
Claims 2-4, 9, 16, 19, 21-22 canceled.
Claims 1, 5-8, 10-15, 17-18, 20, 23-24 pending.
Information Disclosure Statement
The information disclosure statement(s) filed on August 30, 2023; February 18, 2025 have/has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
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 11-14, 23-24 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.
As to claim 11, the claim recites “a mounting bracket for…wherein, during use, said ocular mounting members are removably mounted to said two ocular elements of said binocular imaging assembly…” which is unclear what the claim is directed to (MPEP 2173.05(p)). Specifically, the preamble of the claim is directed to the mounting bracket, but the language “wherein, during use…” appears to also require the binocular assembly and the associated ocular elements. This appears drawn to the apparatus and process of using (MPEP 2173.05(p)). Additionally, it is unclear what constitutes the “use” (MPEP 2173.05(b)). Such arbitrary use is subjective. Is being mounted to the slit lamp the use? Is the use when the cameras are inserted, but the mounting bracket is not attached to the slit lamp yet?
Examiner will understand the claim such that so long as the prior art teaches the structural limitations of the mounting bracket, the use is implicit.
Claims 12-14, 24 are rejected as dependent upon claim 11.
As to claim 12, the claim recites “at least one of said ocular mounting members is transversely adjustable…” which is a function that does not follow from the recited structure (MPEP 2173.05(g)). Specifically, the claims fail to recite any structure which permits the ocular mounting member(s) to transversely adjust. The metes and bounds are unclear since whether the function is performed by the user operating the device or if some structure is required to perform the function is unknown. Examiner will understand that so long as a the ocular mounting members are mountable, such function is necessarily present.
As to claim 13, the claim recites “at least one of said camera receivers is transversely adjustable to move…” which is a function that does not follow from the recited structure (MPEP 2173.05(g)). Specifically, the claims fail to recite any structure which permits the camera receivers to transversely move. The metes and bounds are unclear since whether the function is performed by the user operating the device or if some structure is required to perform the function is unknown. Examiner will understand that so long as a the ocular mounting members are mountable, such function is necessarily present.
As to claim 14, the claim recites “aperture plugs snugly received” which is a relative/subjective term (MPEP 2173.05(b)). Specifically, what constitutes “snugly” appears entirely subjective to those of ordinary skill in the art. Examiner will understand the claim such that so long as the art teaches the annular members receiving the oculars, such limitation is met.
As to claim 23, the claim recites “members snugly receiving” which is a relative/subjective term (MPEP 2173.05(b)). Specifically, what constitutes “snugly” appears entirely subjective to those of ordinary skill in the art. Examiner will understand the claim such that so long as the art teaches the annular members receiving the oculars, such limitation is met.
As to claim 24, the claim recites “members snugly receiving” which is a relative/subjective term (MPEP 2173.05(b)). Specifically, what constitutes “snugly” appears entirely subjective to those of ordinary skill in the art. Examiner will understand the claim such that so long as the art teaches the annular members receiving the oculars, such limitation is met.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5-6, 11-13, 23-24 are rejected under 35 U.S.C. 102(a1) as being anticipated by Hofeldt (US 2015/0256817 - Hofeldt; of record).
As to claim 1, Hofeldt teaches a slit lamp system for imaging an eye of a patient (Hofeldt Fig. 10; Figs. 1-3, 6-9; para. [0006]);
a frame (Hofledlt Fig. 10 - 92);
an illumination source assembly mounted to the frame and adapted to illuminate the eye of the patient into one or more illumination patterns (Hofeldt Fig. 10 - 98; para. [0009]);
a binocular assembly mounted to the frame and adapted to image the eye of the patient during the illuminating (Hofeldt Fig. 10 - 93; Fig. 6 - 87a, 87b; para. [0006]), said imaging including forming two imaging paths transversely spaced-apart from one another leading away from the frame (Hofeldt Fig. 10 - 93; Fig. 6 - 87a, 87b; para. [0006]), the binocular imaging assembly having two ocular elements forming the images at imaging planes along the two eye imaging paths (Hofeldt Fig. 10 - 93; Fig. 6 - 87a, 87b; para. [0006]);
a mounting bracket mounted to the binocular imaging assembly (Hofeldt Fig. 1 - 5; Fig. 6 - 41, 42, 140, 143; Fig. 7);
the mounting bracket having a first side (Hofeldt Fig. 6 - side with 140, 143; Fig. 7 - side shown being the first side), a second side opposite the first side (Hofeldt Fig. 6 - side with 7, 8; Fig. 1 - side shown being the second side),
the first side of the mounting bracket having at least two ocular mounting members protruding therefrom and via which the mounting bracket is mounted to the two ocular elements (Hofeldt Fig. 6 - 140, 143, 81, 82; Fig. 7 - 140, 143, 81, 82),
the second side having two transversely spaced apart camera receivers (Hofeldt Fig. 6 - 7, 8; Fig. 1 - 14, 15; para. [0005]), and two transversely spaced apart camera apertures extending between the first side and the second side (Hofeldt Fig. 1 - 15, 16; Fig. 3 - 15, 16; para. [0005] - The elements of baseplate 5 of embodiment 1 as shown in FIG. 1 are camera viewing ports 15 and 16 providing openings for passage of image rays), each camera receiver adapted to receive a corresponding camera facing a respective one of the camera apertures for simultaneously capturing two images from said two imaging paths through said camera apertures (Hofledt Fig. 1; Fig. 6 - 7, 8, 87a, 87b; para. [0005] - By depressing push-button 52, both iPhones simultaneously capture images and thereby synchronize exposure).
As to claim 5, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Hofeldt further teaches the cameras are part of corresponding mobile device (Hofeldt para. [0005] - iPhones), the slit lamp system further comprising two mobile device received in the camera receivers, the cameras facing the camera apertures (Hofeldt Fig. 6 - 7, 8).
As to claim 6, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 5, and Hofeldt further teaches the mobile device are removably received in the camera receivers (Hofeldt Fig. 6; para. [0005] - Magnets 17a-17d holds iPhones 7 and 8 securely and provide for quick and easy removable).
As to claim 11, Hofeldt teaches a mounting bracket for use with a slit lamp having a frame and a binocular imaging assembly mounted to the frame (Hofeldt Fig. 10; Figs. 1-3, 6-9; para. [0006]), the binocular imaging assembly comprising two ocular elements transversely spaced-apart from one another (Hofeldt Fig. 10 - 93; Fig. 6 - 87a, 87b; para. [0006]),
the mounting bracket comprising
a body having a first side with two transversally spaced-apart ocular mounting members (Hofeldt Fig. 6 - 140, 143, 81, 82; Fig. 7 - 140, 143, 81, 82), a second side opposite said first side having two transversally spaced-apart camera receivers (Hofeldt Fig. 6 - 7, 8; Fig. 1 - 14, 15; para. [0005]), and two transversally spaced-apart camera apertures extending through said body between said first side and said second side (Hofeldt Fig. 1 - 15, 16; Fig. 3 - 15, 16; para. [0005] - The elements of baseplate 5 of embodiment 1 as shown in FIG. 1 are camera viewing ports 15 and 16 providing openings for passage of image rays), wherein, during use, said ocular mounting members are removably mounted to said two ocular elements of said binocular imaging assembly (Hofeldt Fig. 6 - 140, 143, 81, 82; Fig. 7 - 140, 143, 81, 82; Fig. 10), and said two camera receivers removably receive cameras facing said camera apertures and exposed to said ocular elements (Hofeldt Fig. 6; para. [0005] - Magnets 17a-17d holds iPhones 7 and 8 securely and provide for quick and easy removable).
As to claim 12, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Hofeldt further teaches at least one of the ocular mounting members is transversely adjustable to move the ocular mounting members closer or apart from one another (Hofeldt Fig. 7 - 62; para. [0007]).
As to claim 13, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Hofeldt further teaches at least one of the camera receivers is transversely adjustable to move the camera receivers closer or apart from one another (Hofeldt Fig. 7 - 62; para. [0007]).
As to claim 23, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Hofeldt further teaches the at least two ocular mounting members are provided in the form of a plurality of partially annular members snugly receiving circular perimeters of the two ocular elements (Hofeldt Fig. 6 - 81, 82, 87a, 87b; Fig. 7 - 81, 82, 85; para. [0006]).
As to claim 24, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Hofeldt further teaches the two transversely spaced-apart ocular mounting members are provided in the form of a plurality of partially annular members snugly receiving circular perimeters of the two ocular elements (Hofeldt Fig. 6 - 81, 82, 87a, 87b; Fig. 7 - 81, 82, 85; para. [0006]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over as applied to claim 11 above, and further in view of Moreira (BR 20-2016018599; text references made to the associated machine translation).
As to claim 14, Hofeldt teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Hofeldt further teaches the body has a plurality of camera apertures (Hofeldt Fig. 1 - 15, 16). Hofelft doesn’t specify a plurality of pairs of apertures and a plurality of plugs received in some apertures.
In the same field of endeavor Moreira teaches an aperture/pair of apertures (Moreira Fig. 3 - 11) and a plug for the aperture(s) (Moreira Fig. 3 - 7; Figs. 6-7 - 7, 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a plurality of pairs, since it has been held that a mere duplication of working parts of a device involves only routine skill in the art. In re Harza 124 USPQ 378 (CCPA 1960) and to provide plug(s) for the pairs since, a taught by Moreira, aperture(s) are well known for permitting different cameras (iPhone, tablet, etc.) and a plug for covering the unused aperture when switching between different camera devices or orientations (Moreira Figs. 5-7; page 3; para. [026] - As shown in Figure 5, the bracket (1) has positioning adjustments of the eyepiece assembly (7), side support (19) and bottom bracket (24) providing a housing area for mobile, tablet or mobile devices, of different sizes or brands, with varying degrees of freedom. This is exemplified in Figures 6 and 7, with the holder (1) housing a tablet and a cell phone respectively).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Davis et al. (US 12,192,615; 2023/0015674); Fink et al. (US 10,842,373; 2018/0153399); Kaminaga (US 10,409,050; 2018/0180866); Howes (US 9,438,773; 2013/0100271); Davis (US 8,905,543; 2012/0287402); Howes (US 5,264,928); Van Iderstine (US 4,504,129); Martinez (US 3,944,342); Maier (US 2,967,456); Auguste (US 2015/0378143); Muramatsu (US 2015/0054935); Creed (WO 97/36537) are cited as additional examples of camera/phone brackets for slit-lamps/microscopes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
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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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 April 28, 2026
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