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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/16/2023 and 02/21/2025 have been considered by the 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 1-7 and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shibata et al. (US 2018/0153392; already of record) in view of Guyton (US 4,105,303).
Regarding claim 1, Shibata discloses, a method for determining accurate values of refractive features of an eye of a subject in near and/or intermediary vision conditions (Figs. 1-16B), using an optometry device (Para. 0038 and see 1) having a refraction test unit (Para. 0046 and see 50) with a first optical refraction element (see left 52) adapted to provide different vision correction powers to a first eye of the subject along a first optical axis (Para. 0046 and 0095) and a second optical refraction element (see right 52) adapted to provide different vision correction powers to the second eye of the subject along a second optical axis (Para. 0046 and 0095), comprising the following steps:
a) adjusting the relative position of the subject and said refraction test unit so that the pupils of his eye are aligned with said first and second optical axes in near and/or intermediary vision conditions (Para. 0057, 0083, 0140 and see 60; note, discloses a position alignment system that checks the cornea and pupil alignment);
b) determining a vertex distance between said first or second optical refraction element and said first or second eye of the subject in near and/or intermediary vision conditions (Para. 0057, 0101 and see 60; note, discloses a cornea position system used to check an inter-vertex distance);
c) determining a value of a parameter representative of an accommodation feature of the eyes of the subject in near and/or intermediary vision conditions (Para. 0046, 0145 and see 50; note, discloses acquiring optical properties of the examinee’s eye to determine spherical diopter power S, cylindrical power C and astigmatic axis angle A);
d) determining preliminary values of said refractive features of the eyes of the subject in near and/or intermediary vision conditions, comprising at least a preliminary value of the spherical refraction of each eye in near and/or intermediary vision conditions and a preliminary value of the cylindrical refraction of each eye in near and/or intermediary vision conditions (Para. 0145 and see 50; note, discloses acquiring optical properties of the examinee’s eye to determine spherical diopter power S, cylindrical power C and astigmatic axis angle A),
e) checking binocular visual perception of the subject by providing to the eyes vision correction powers equal to said preliminary values of the corresponding spherical and cylindrical refractions with an added predetermined spherical power (Para. 0045-0046 and 0145; note, discloses examining the left and right eye);
f) determining a final visual acuity of the subject in near and/or intermediary vision conditions (Para. 0045-0046, 0055, 0145 and see 50); and
g) determining said accurate values of refractive features of the eye of a subject in near and/or intermediary vision based on the results of the previous steps (Para. 0045-0046, 0055, 0145 and see 50), wherein, in said step d), the following steps are performed in this order:
measuring a first value of spherical refraction of each of the eyes of the subject (Para. 0046 and 0145; note, disclose performing a subjective refractive examination to determine an examinee’s spherical diopter power),
measuring said preliminary value of cylindrical refraction of each of the eyes (Para. 0046 and 0145; note, disclose performing a subjective refractive examination to determine an examinee’s cylindrical power).
Shibata does not disclose measuring a second value of spherical refraction of each of the eyes of the subject, said preliminary value of spherical refraction of each of the eyes of the subject being determined based on said second value.
Guyton teaches, from the same field of endeavor that in a method for determining accurate values of refractive features of an eye of a subject that it would have been desirable to make measuring a second value of spherical refraction of each of the eyes of the subject (Col. 15, lines 36-68 and see “PATIENT ADJUSTS SPHERE” under “COLUMN 2” of Fig. 17), said preliminary value of spherical refraction of each of the eyes of the subject being determined based on said second value (Col. 15, lines 36-68 and see “PATIENT ADJUSTS SPHERE” under “COLUMN 2” of Fig. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make measuring a second value of spherical refraction of each of the eyes of the subject, said preliminary value of spherical refraction of each of the eyes of the subject being determined based on said second value as taught by the method for determining accurate values of refractive features of an eye of a subject of Guyton in the method for determining accurate values of refractive features of an eye of a subject of Shibata since Guyton teaches it is known to include these features in a method for determining accurate values of refractive features of an eye of a subject for the purpose of providing an accurate and effective method for determining accurate values of refractive features of an eye of a subject.
Regarding claim 2, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, in step a), a camera oriented towards the eyes of the subject, an eye tracking device or a support for the head of the subject is used (Para. 0162, 0165 and see 40; note, discloses using an imaging optical system provided with an imaging element).
Regarding claim 3, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, in step b), at least a profile image of the subject placed in front of the refraction test unit is acquired, and the distance between each eye and the corresponding optical refraction test element (60) is deduced from this profile image (Para. 0162 and 0165; note, discloses the inter-cornea vertex distance is determined by using the imaging optical system).
Regarding claim 4, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, before step d), a preliminary visual acuity test of the eyes of the subject is performed with initial spherical power and/or cylindrical power and axis of each optical refraction element determined based on refraction features of a current optical equipment of the subject or on the refraction features of the eyes of the subject in far vision conditions (Para. 0046, 0145 and see 50).
Regarding claim 5, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, in step c), a binocular accommodation test is performed by presenting each of the eyes of the subject with an identical target placed at near or intermediary vision optical distances from the eyes of the subject and modifying the spherical powers of each of the first and second optical refraction elements to determine the minimum spherical powers of the first and second optical refraction element for which the subject accommodates on the target (Para. 0045-0046, 0145 and see 50).
Regarding claim 6, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, each step of measuring said first value of spherical refraction of each of the eyes of the subject, measuring said preliminary value of cylindrical refraction of each of the eyes, and measuring said second value of spherical refraction is performed by testing both eyes of the subject simultaneously in binocular vision, or by testing each eye of the subject separately from the other while maintaining a binocular vision (Para. 0045-0046, 0145 and see 50).
Regarding claim 7, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, first and second values of spherical refraction and said preliminary value of cylindrical refraction of each of the eyes of the subject are determined by testing each eye separately from the other while maintaining a binocular vision and said first values of spherical refraction, said preliminary value of cylindrical power and said second value of spherical refraction are obtained by alternating measures on the first and second eyes of the subject (Para. 0045-0046, 0095, 0145 and see 50).
Regarding claim 9, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, between steps d) and e), a step of adjusting the binocular balance of the eyes of the subject to obtain adjusted values of said spherical and cylindrical refraction of the eyes in near or intermediary vision conditions is performed (Para. 0045-0046 and 0145-0146), and in step e) said binocular visual perception of the subject is checked by providing the eyes with vision correction powers equal to said adjusted values of spherical and cylindrical refraction with an added predetermined spherical power (Para. 0045-0046 and 0145-0146).
Regarding claim 10, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, in each step where each of the eyes is tested separately from the other while maintaining a binocular vision: a tested-eye test image with target is provided to the tested eye, comprising images of realistic activities carried out in near vision having a plurality of peripheral image components and a test target displayed in the center of the test image (Para. 0038, 0044 and see 10, 11), and a non-tested-eye test image is provided to the other eye comprising similar images of realistic activities carried out in near vision having a plurality of peripheral image components and the same test target than displayed on the tested-eye test image with a contrast inferior to the contrast of the test target of the tested-eye test image, the peripheral image component of the two test images being stereoscopically displayed (Para. 0038, 0044, 0049-0050 and see 10, 11).
Regarding claim 11, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, in each step where both eyes are tested simultaneously (Para. 0045-0046 and 0145-0146), a test image with target is provided to each eye, comprising images of realistic activities carried out in near or intermediary vision having a plurality of peripheral image components displayed stereoscopically (Para. 0045-0046 and 0145-0146), each component of said plurality of peripheral image components being displayed with a specific disparity between the images provided to both eyes of the subject that is different from the disparity associated to other components of said plurality of peripheral image components (Para. 0045-0046 and 0145-0146).
Regarding claim 12, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, before performing steps a) to g), the refractive features of the eye in far vision conditions are determined (Para. 0045-0046 and 0145-0146), and a test for determining the need for correcting astigmatism of the eye is performed, comprising measuring the visual acuity of the eye with test images having different contrasts (Para. 0045-0046 and 0145-0146).
Regarding claim 13, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, during said steps a) to f), said first and second optical axes of said optical refraction elements are inclined downwards (Para. 0050 and 0097; note, discloses a configuration in which the optical refraction elements are disposed in the downward direction).
Regarding claim 14, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, a method for determining a complete set of values of refractive features of an eye of a subject in far and near and/or intermediary vision conditions (Para. 0045-0046 and 0145-0146), comprising a determination of accurate values of refractive features of an eye of a subject in far vision conditions and a determination of accurate values of refractive features of an eye of a subject in near and/or intermediary vision conditions (Para. 0045-0046 and 0145-0146) according to claim 1 (see rejection of claim 1 above).
Regarding claim 15, Shibata in view of Guyton discloses and teaches as set forth above, and Shibata further discloses, the determination of accurate values of refractive features of an eye of a subject in far vision conditions (Figs. 1-16B) comprises the following steps:
A) adjusting the relative position of the subject and said refraction test unit so that the pupils of his eye are aligned with said first and second optical axes in far vision conditions (Para. 0057, 0083, 0140 and see 60; note, discloses a position alignment system that checks the cornea and pupil alignment);
B) determining a vertex distance between said first or second optical refraction element and said first or second eye of the subject in far vision conditions (Para. 0057, 0101 and see 60; note, discloses a cornea position system used to check an inter-vertex distance);
C) determining a value of a parameter representative of an accommodation feature of the eyes of the subject in far vision conditions or altering said accommodation of the eyes of the subject (Para. 0046, 0145 and see 50; note, discloses acquiring optical properties of the examinee’s eye to determine spherical diopter power S, cylindrical power C and astigmatic axis angle A);
D) determining preliminary values of said refractive features of the eyes of the subject in far vision conditions, comprising at least a preliminary value of the spherical refraction of each eye and a preliminary value of the cylindrical refraction of each eye (Para. 0145 and see 50; note, discloses acquiring optical properties of the examinee’s eye to determine spherical diopter power S, cylindrical power C and astigmatic axis angle A);
E) checking binocular visual perception of the subject by adding to the preliminary value of the spherical refraction an added predetermined spherical power (Para. 0045-0046 and 0145; note, discloses examining the left and right eye);
F) determining a final visual acuity of the subject in near and/or intermediary vision conditions (Para. 0045-0046, 0055, 0145 and see 50); and
G) determining said accurate values of refractive features of an eye of a subject in far vision based on the results of the previous steps (Para. 0045-0046, 0055, 0145 and see 50), wherein in said step d), the following steps are performed in this order:
measuring a first preliminary value of spherical refraction of each of the eyes of the subject (Para. 0046 and 0145; note, disclose performing a subjective refractive examination to determine an examinee’s spherical diopter power),
measuring said preliminary value of cylindrical refraction of each of the eyes (Para. 0046 and 0145; note, disclose performing a subjective refractive examination to determine an examinee’s cylindrical power).
Shibata does not disclose measuring a second preliminary value of spherical refraction of each of the eyes of the subject, said preliminary value of spherical refraction of each of the eyes of the subject being determined based on said second preliminary values.
Guyton teaches, from the same field of endeavor that in a method for determining accurate values of refractive features of an eye of a subject that it would have been desirable to include measuring a second preliminary value of spherical refraction of each of the eyes of the subject (Col. 15, lines 36-68 and see “PATIENT ADJUSTS SPHERE” under “COLUMN 2” of Fig. 17), said preliminary value of spherical refraction of each of the eyes of the subject being determined based on said second preliminary values (Col. 15, lines 36-68 and see “PATIENT ADJUSTS SPHERE” under “COLUMN 2” of Fig. 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include measuring a second preliminary value of spherical refraction of each of the eyes of the subject, said preliminary value of spherical refraction of each of the eyes of the subject being determined based on said second preliminary values as taught by the method for determining accurate values of refractive features of an eye of a subject of Guyton in the method for determining accurate values of refractive features of an eye of a subject of Shibata since Guyton teaches it is known to include these features in a method for determining accurate values of refractive features of an eye of a subject for the purpose of providing an accurate and effective method for determining accurate values of refractive features of an eye of a subject.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shibata et al. (US 2018/0153392; already of record) in view of Guyton (US 4,105,303) as applied to claim 1 above, and further in view of Merriam et al. (US 2019/0082951).
Shibata in view of Guyton remains as applied to claim 1 above.
Furthermore, Shibata discloses, preliminary values of the spherical and cylindrical refraction of the eye comprise a spherical power Se and a cylindrical power Ce having an orientation represented by an angle Ae or an equivalent sphere Me equal to the spherical power Se plus half of the cylindrical power Ce (Para. 0045-0046, 0145-0146 and see 50).
Shibata in view of Guyton does not disclose the refractive powers JOe, J45e of two Jackson crossed cylinders lenses representative of the cylindrical refractive power features of the eye.
Merriam teaches, from the same field of endeavor that in a method for determining accurate values of refractive features of an eye of a subject that it would have been desirable to make the refractive powers JOe, J45e of two Jackson crossed cylinders lenses representative of the cylindrical refractive power features of the eye (Para. 0003).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the refractive powers JOe, J45e of two Jackson crossed cylinders lenses representative of the cylindrical refractive power features of the eye as taught by the method for determining accurate values of refractive features of an eye of a subject of Merriam in the combination of Shibata in view of Guyton since Merriam teaches it is known to include these features in a method for determining accurate values of refractive features of an eye of a subject for the purpose of providing a method for determining accurate values of refractive features of an eye of a subject with improved efficiency and accuracy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Longo et al. (US 2022/0225872), Liang et al. (US 2011/0228225), Nakamura et al. (US 2006/0050238) and Boutinon et al. (US 10,278,573) disclose a method for determining accurate values of refractive features of an eye of a subject in near and/or intermediary vision conditions, using an optometry device having a refraction test unit with a first optical refraction element adapted to provide different vision correction powers to a first eye of the subject along a first optical axis and a second optical refraction element adapted to provide different vision correction powers to the second eye of the subject along a second optical axis.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 05/06/2026
Prosecution Insights