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.
Response to Arguments
Applicant's arguments filed May 26, 2026 regarding Shintani have been fully considered but they are not persuasive.
Applicant does not consider Shintani to teach that the shutters are controlled differently1 and therefore cannot teach the control circuit 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 that a duty cycle of activation of the first shutter is different from a duty cycle of activation of the second shutter. Examiner is not persuaded.
Specifically it appears Applicant is assuming 616:614 and 618:614 are either always the same (i.e. always same duty cycle), or that the time between the left rising edges (610…610) is the same as right rising edges (612…612) (i.e. always same frequency). This is not the case and Shintani’s control can set any one of these parameters independently as discussed in para. [0069]-[0075]).
Any portion of the synchronization signal 600 may be modified to better synchronize the display with the shuttered eyewear 10. For example the synchronization signal 600 may be modified by changing the frequency, the period, the spacing of the waves, the shape of the waveform or any other adjustment. These modifications and/or adjustments to the synchronization signal 600 are discussed in more detail below (Shintani para. [0069])
Shintani teaches the claimed feature in the following ways:
1) While one shutter is open another shutter is closed and thus the duty cycles are “different” since they art shifted in time:
PNG
media_image1.png
185
421
media_image1.png
Greyscale
2) The times (τL, τR) the shutters are open is independently controllable, and therefore the duty cycle of the first shutter is different from the duty cycle of the second shutter:
In addition, the stereoscopic system may adjust the time periods the eye shutters are open τL 616 and τL 618. Adjusting the amount of time the eye shutters are open affects the brightness perceived by the user and/or the cross-talk (Shintani para. [0074]).
3) The frequency between rising edges (610) of the first shutter is explicitly adjusted while not adjusting the frequency between the rising edges (612) of the second shutter. Therefore the first frequency is different from the second frequency:
The stereoscopic system may also adjust the frequency of the synchronization signal 600. For example, the first leading edge 610 of the open left shutter may be spaced closer or farther apart in time from the second leading edge 610 of the open left shutter resulting in a change in overall frequency (Shintani para. [0075])
4) Because the frequencies of the left and right shutters match the frequencies of the left and right images, the shutter frequencies would necessarily be different for different image frequencies:
In general, the frequency of the eye shutters will match the frequency of the left and right images being switch on the display and therefore, should not need adjusting often or in great magnitude (Shintani para. [0075]).
Therefore, Shintani teaches the claimed feature for at least the four (4) reasons listed above.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 7-10, 14-17 are rejected under 35 U.S.C. 102(a1) as being anticipated by Shintani (US 2012/0050856; of record).
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. [0069], [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; para. [0069]-[0075], [0086]).
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; para. [0069]-[0075], [0086]);
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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; of record).
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; of record).
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; of record).
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: Marcy III (US 5,452,026) is cited as an additional reference teaching left/right shutters with different duty cycle and frequency.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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.
/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 August 18, 2026
1 Remarks filed May 26, 2026; page 10
Prosecution Insights