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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) filed on October 16, 2023 have/has been acknowledged and considered by the examiner. Initialed copies of supplied IDS(s) forms are included in this correspondence.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: polarizer 133 (page 14, line 2). 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. 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 2, 3 is objected to because of the following informalities:
Claim 2 (line 2), Examiner suggests -- wherein [[is]] the control circuitry --
Claim 3 (line 2), Examiner suggests -- wherein [[is]] the control circuitry --
Appropriate correction is required.
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, 7-10, 14-17 are rejected under 35 U.S.C. 102(a1) as being anticipated by Shintani (US 2012/0050856; cited by Applicant).
As to claim 1, Shintani teaches an optometric testing device (Shintani Figs. 1-7; para. [0001]) comprising
a first shutter and a second shutter (Shintani Fig. 5 - 12a, 12b), configured to be placed in front of two eyes of a patient (Shintani Fig. 5 - 10), each of the first shutter and the second shutter being configured to present at least two states (Shintani Fig. 5 - 12a, 12b; para. [0045]), the at least two states including an activated state in which a shutter blocks propagation of light from a display system to an eye (Shintani Fig. 5 - 12a, 12b, 510; para. [0045]) and a deactivated state in which the shutter allows the propagation of light from the display to the eye (Shintani Fig. 5 - 12a, 12b, 510; para. [0045]),
communication circuitry configured to communicate with the display system in order to send and/or receive a synchronization signal (Shintani Fig. 5 - 510, 520, 112, 114; para. [0043], [0047]; Fig. 6);
control circuitry configured to command each shutter as a function of the synchronization signal so that the first shutter and the second shutter change state respectively with a first frequency of at least equal to 60 Hz and a second frequency (Shintani Fig. 6; para. [0070], [0013] - frequency greater than 15Hz; para. [0075] - frequency matching the left/right displayed images);
wherein said control circuitry is configured to command each shutter as a function of the synchronization signal so that the first frequency is different from the second frequency and/or so that a duty cycle of activation of the first shutter is different from a duty cycle of activation of the second shutter (Shintani Fig. 6 - 610, 611, 612, 614, 616, 618; τL, τR; para. [0070], [0074], [0075] - as discussed, the frequency and/or duty cycle of the shutters (τL, τR) can be adjusted differently).
As to claim 2, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches the control circuitry is further configured to command each shutter in such a manner that one of the first and the second shutters is commanded in the deactivated state when the other shutter is commanded in the activated state (Shintani Fig. 6; para. [0070]).
As to claim 3, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 2, and Shintani further teaches the control circuitry is configured to command each shutter so that the first shutter and the second shutter alternately change state (Shintani Fig. 6; para. [0070]).
As to claim 4, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches the display system includes a display device (Shintani Fig. 5 - 510) and a controller having a driver programmed to command displaying of the first image and a second image so that a change of state of both the first shutter and the second shutter is synchronized with a change of a displayed image (Shintani Fig. 5 - 520, 112, 114; Fig. 6; para. [0069]).
As to claim 5, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 4, and Shintani further teaches the driver is programmed to generate the synchronization signal in accordance with the change of the displayed image (Shintani Fig. 5 - 520, 112, 114; Fig. 6; para. [0069]).
As to claim 7, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches the display system is a mobile phone or a tablet (Shintani Fig. 1 - 110, 510).
As to claim 8, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches the communication circuitry comprises a cable connected to the control circuitry and configured to be connected to the display system (Shintani Fig. 7; para. [0083]).
As to claim 9, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches the communication circuitry is configured to communicate with the display system through radio waves (Shintani Fig. 5; para. [0047]).
As to claim 10, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches each shutter comprises a plate configured to be commanded between a transparent state and an opaque state (Shintani Fig. 5 -12a, 12b; para. [0045]).
As to claim 14, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Shintani further teaches a pair of eyeglasses having two lenses wherein each shutter belongs at least in part to one of the two lenses (Shintani Fig. 5 - 10).
As to claim 15, Shintani teaches an optometric processing method performed by an optometric testing device having
a first shutter and a second shutter configured to be placed in front of two eyes of a patient (Shintani Fig. 5 - 12a, 12b), each of the first shutter and the second shutter being configured to present at least two states (Shintani Fig. 5 - 12a, 12b; para. [0045]), the at least two states including an activated state in which a shutter blocks propagation of light from a display system to an eye (Shintani Fig. 5 - 12a, 12b; para. [0045]; Fig. 6), and a deactivated state in which the shutter allows the propagation of light from the display system to the eye (Shintani Fig. 5 - 12a, 12b; para. [0045]; Fig. 6);
communication circuitry configured to communicate with the display system in order to send and/or receive a synchronization signal (Shintani Fig. 5 - 510, 520, 112, 114; para. [0043], [0047]; Fig. 6);
control circuitry configured to command each shutter as a function of the synchronization signal so that the first shutter and the second shutter change state respectively with a first frequency of at least equal to 60 Hz and a second frequency (Shintani Fig. 6; para. [0070], [0013] - frequency greater than 15Hz; para. [0075] - frequency matching the left/right displayed images);
wherein said control circuitry is configured to command each shutter as a function of the synchronization signal so that the first frequency is different from the second frequency and/or so that a duty cycle of activation of the first shutter is different from a duty cycle of activation of the second shutter (Shintani Fig. 6 - 610, 611, 612, 614, 616, 618; τL, τR; para. [0070], [0074], [0075] - as discussed, the frequency and/or duty cycle of the shutters (τL, τR) can be adjusted differently);
comprising
a) displaying a first image for first eye of the patient and simultaneously sending a first synchronization signal (Shintani Fig. 6; para. [0069], [0070]);
b) commanding, in response to receiving the first synchronization signal, the first shutter to be in the activated state and the second shutter to be in the deactivated state (Shintani Fig. 6; para. [0069], [0070]);
c) waiting for a time delay to expire (Shintani Fig. 6 - 614; para. [0072]);
d) displaying a second image, distinct from the first image, for a second eye of the patient and simultaneously sending a second synchronization signal (Shintani Fig. 6; para. [0069], [0070]);
e) commanding in response to receiving the second synchronization signal the second shutter to be in the activated state and the first shutter to be in the deactivated state (Shintani Fig. 6; para. [0069], [0070]);
wherein a) to e) are repeated in at least a frequency equal to or higher than 30Hz (Shintani para. [0013], [0069] - teaching higher operating frequency than 15Hz and synchronizing with the display image frequency).
As to claim 16, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 2, and Shintani further teaches the display system includes a display device (Shintani Fig. 5 - 510) and a controller having a driver programmed to command displaying of the first image and a second image so that a change of state of both the first shutter and the second shutter is synchronized with a change of a displayed image (Shintani Fig. 5 - 520, 112, 114; Fig. 6; para. [0069]).
As to claim 17, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 2, and Shintani further teaches each shutter comprises a plate configured to be commanded between a transparent state and an opaque state (Shintani Fig. 5 -12a, 12b; para. [0045]).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shintani as applied to claim 4 above, and further in view of Price (US 2011/0187838).
As to claim 6, Shintani teaches all the limitations of the instant invention as detailed above with respect to claim 4, but doesn’t specify the communication circuitry is configured to receive a synchronization signal in the form of a light code, at least one of the first and second image comprising the light code.
In the same field of endeavor Price teaches display and eyewear blocking/transmitting synchronization having a synchronization signal in the form of a light code (Price Fig. 11 - 181, 182; para. [0058]) at least one of the first and the second image comprising the light code (Price Fig. 11 - 181, 182; para. [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a light code since, as taught by Price, such light codes are well known in the art for the purpose of synchronizing displays and eyewear (Price Fig. 11 - 181, 182; para. [0058], [0059]).
Claims 11-12, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over as applied to claims 1 and 2 above, and further in view of Li et al. (US 2017/0127934 - Li).
As to claims 11, 18, Shintani teaches all the limitations of the instant invention as detailed above with respect to claims 1, 2, and Shintani further teaches each shutter comprises a first polarizer (Shintani Fig. 5 - 12a, 12b; para. [0040]), the first polarizer of one of the shutters being situated between the display system and one of the two eyes of the patient (Shintani Fig. 5 - 12a, 12b) and having a polarization direction distinct from a polarizing direction of the first polarizer of the other shutter (Shintani Fig. 5 - 12a, 12b; para. [0040], [0045]). Shintani doesn’t specify a second active polarizer between the display and the eyes (e.g. a polarizer at/on the display (510)).
In the same field of endeavor Li teaches optometric testing devices having eyewear with first polarizers (Li Fig. 1 - 2, 21, 22; para. [0036]) and a second polarizer being an active polarizer between the display system and the eyes of the patient (Li Fig. 1 - 12; para. [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a second polarizer since, as taught by Li, such liquid crystals are well known in the art to produce polarizing light from a display (Li Fig. 1 - 12, 13, 14; para. [0033]).
As to claims 12, 19, Shintani in view of Li teaches all the limitations of the instant invention as detailed above with respect to claims 11, 18, and Li further teaches the second polarizer is configured to be placed onto a screen of a mobile phone (Li Fig. 1 - 12; para. [0033] - such LCDs are necessarily configured to be placed on mobile phone screens).
Claims 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Shintani as applied to claims 1 and 2 above, and further in view of Kobayashi et al. (US 5,444,504 - Kobayashi).
As to claims 13, 20, Shintani teaches all the limitations of the instant invention as detailed above with respect to claims 1, 2, but doesn’t specify a phoropter having two optical inputs configured to be placed in front of the two eyes and wherein each shutter belongs, at least in part, to one of the two optical inputs.
In the same field of endeavor Kobayashi teaches a phoropter having two optical inputs (Kobayashi Fig. 1 - 6; Fig. 20 - 51, 50; col. 8:35-55) the shutter (polarizers) belong, at least in part, to one of the two optical inputs (Kobayashi Fig. 1 - 6; Fig. 20 - 51, 50; col. 8:35-55).
It would have been obvious to one of ordinary skill in the art to employ such polarizing phoropter since, as taught by Kobayashi, such elements are well known in the art for the purpose of viewing left and right optotypes with different polarizations in binocular vision testing (Kobayashi Fig. 1 - 6; Fig. 20 - 51, 50; col. 8:35-55).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lin et al. (US 10,629,419; 2020/0135086); Oz et al. (US 10,441,165; 2018/0028057); Li et al. (US 10,105,047); Sweis et al. (US 9,405,135; 2014/0132913); Mao (US 9,124,883; 2012/0120212); Kanazawa (US 8,292,435; 2011/0075099); Lin (8,416,353; 2012/0002122); Price (US 8,964,007); Oda (US 7,607,778; 2008/0316428) Hay et al. (US 6,511,175; 2001/0050754); Nakagawa et al. (US 4,870,486); Jung (US 2015/0172644); Tajima et al. (US 2013/0222540); Shestak et al. (US 2013/0314515); Yang et al. (US 2011/0267438); Tomita (US 2006/0203085); Kim (KR 10-2012-0054569) are cited as additional examples of optometric devices with shuttering eyewear and associated display.
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 February 13, 2026