DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
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.
Claims 1-3 and 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai et al. (US20130250236).
Regarding claim 1, Tsai teaches an auxiliary staring and imaging focusing device (figs.1-8, abstract, gaze-fixation aiding and image focusing device), comprising:
an illumination system (fig.3, the illuminating system 30) having an illumination optical-path (paragraph [0035] illuminating optical path 39) to project a detection light (paragraph [0035] examination light) to illuminate a fundus (fig.3, the fundus 22) of a subject's eye (fig.3, the eye 20);
an imaging system (fig.3, paragraph [0036] imaging system 40) having an imaging optical-path (fig.3, optical-path 44) for receiving a reflected light (paragraph [0036], the reflected light pass. ) and a fundus image of the subject and imaging the reflected light and the fundus image (paragraph [0036], the fundus image) on an image display (the image display 43);
a staring device (paragraph [0037], gaze fixation device), located in the illumination optical-path (39), forming a staring surface provided with staring points (the fixation points 53) contrast with a detection light for the subject to watch (paragraph [0012] a gaze fixation surface formed in the illuminating optical path for the examinee to gaze on and a plurality of fixation points provided on the gaze fixation surface with a contrast being created between the examination light and the fixation points 53); and
a focusing device (paragraph [0012], the focusing device) provided with a split-image screen (fig.3, the split-image screen 52) in the illumination optical-path (fig.3, the 39), the split-image screen (fig.3, the 52) having a shutter (paragraph [0038], light blocking plate 521) with a default size (paragraph [0012] light blocking plate 521 of a predetermined size), and two facing prisms (paragraph [0038],two prisms 523) being disposed on the shutter (paragraph [0038], the 521) and a light-transmitting space (paragraph [0038], the light-transmissible slit 522) being formed between the two prisms (two prisms 523) for a center staring point (paragraph [0039], center of fixation points 53) to pass through (paragraph [0038], the examination light passes through the slit 522).
Regarding claim 2, Tsai discloses the invention as described in Claim 1, and further teaches wherein the light-transmitting space (paragraph [0038], the 522) is formed by separating the two prisms from the middle of the two prisms (the light-transmitting space 522 is formed by separating the two prisms 523 from the middle of the two prisms 523).(note: the limitations of “formed by separating” in the claim is product by process limitations, and don’t impart any requirement on the product itself other than what is already structurally claimed, See MPEP 2173.05(p) sec. II)
Regarding claim 3, Tsai discloses the invention as described in Claim 1 and further teaches wherein the light-transmitting space (the 522) is formed by replacing the middle of the two prisms (523) with a plane (light-transmissible slit 522 having a plane). (note: the limitations of “is formed by replacing” in the claim is product by process limitations, and don’t impart any requirement on the product itself other than what is already structurally claimed, See MPEP 2173.05(p) sec. II)
Regarding claim 5, Tsai discloses the invention as described in Claim 1 and further teaches wherein the illumination system (fig.3, 30) is provided with an additional light-emitting unit (paragraph [0015]-[0016] light-emitting unit) set as a light-emitting diode, a lamp, a light bulb or an optical fiber (as light-emitting diodes, lamp tubes, light bulbs or optical fibers).
Regarding claim 6, Tsai discloses the invention as described in Claim 1 and further teaches wherein the staring point (53) and the split-image screen (52) are located on the same staring surface (see Tsai fig.3, the 53 and 52 are located on the same 53 surface), and the staring surface is set as a vertical plane (paragraph [0049], flat vertical plane 57), and the staring point (53) is located at set positions in four directions of up, down, left and right (paragraph [0039], the four fixation points 53 are spaced from the split image screen 52 to locate on an upper, a lower, a left and a right side thereof, respectively) outside the split-image screen (52).
Regarding claim 7, Tsai discloses the invention as described in Claim 1 and further teaches wherein the staring point (53) and the split-image screen (52) are located on the same staring surface (see Tsai fig.3, the 53 and 52 are located on the same 53 surface), and the staring surface (paragraph [0050]) is set as a concave surface (concave surface 58 ) corresponding to the curvature of the human eye (paragraph [0050], the curved surface 58 is corresponding to the human eye curvature), and the staring point (53) is located on the concave surface (58) in four directions of up, down, left and right in front of the split-image screen (paragraph [0050].. in four directions of up, down, left and right in front of the split-image screen 52).
Regarding claim 8, Tsai discloses the invention as described in Claim 9 and further teaches wherein the detection light is a visible light (paragraph [0039] visible light), and the staring point (53) is provided with at least one opaque-type light-shielding unit (paragraph [0039], the light-impenetrable zone 54 that blocks).
Regarding claim 9, Tsai discloses the invention as described in Claim 8 and further teaches wherein the split-image screen (52) and the staring point (53) jointly form an opaque area (zone 54) blocking the illumination optical-path (39), and a light-transmitting area (the zone 55, paragraph [0039], light-penetrable zone 55 is made of a transparent material 55) is formed by blocks outside the opaque area (zone 54).
Regarding claim 10, Tsai discloses the invention as described in Claim 9 and further teaches wherein (paragraph [0039]) the light-transmitting area (zone 55) is provided with a transparent substrate (paragraph [0039] transparent substrate 551), and the split-image screen (52) is disposed in the center of the transparent substrate (551), and the light-shielding unit (531) is disposed at a set position on the transparent substrate (551) outside the split-image screen (52).
Regarding claim 11, Tsai discloses the invention as described in Claim 1 and further teaches wherein (paragraph [0041]) the detection light is an invisible light (the infrared light), and the staring point (53) is provided with at least one light-emitting unit (532) that can selectively control lighting or dimming, the light-emitting unit is set as a light-emitting diode, a lamp, a light bulb or an optical fiber (the light-emitting unit 532 can be configured as a light-emitting diode).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al. (US20130250236), and further in view of Parel et al. (US20220071485) and Tanaka et al. (US20080123050).
Regarding claim 4, Tsai discloses the invention as described in Claim 1, Tsai does not explicitly teaches wherein. the two prisms are made of plastic material.
However, Parel teaches the analogous prisms (fig.2A, prisms 42), and further teaches wherein. the two prisms are made of plastic material (paragraph [0143], fig.2A, the prism(s) 42 may comprise plastics).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two prisms material of Tsai to have the two prisms are made of plastic material as taught by Parel for the purpose of reducing the bulk and weight of the prism (Parel, paragraph [0147]).
Tsai does not explicitly teaches wherein the light-transmitting space is formed by digging a hole in the middle of the two prisms.
However, Tanaka teaches the analogous imaging focusing device (Tanaka, paragraph [0010] The present invention provides a focusing unit, and an ophthalmic photographing apparatus capable of inserting and removing a focusing unit into and from an illumination light path and easily projecting an index onto a fundus), and further teaches wherein the light-transmitting space (Tanaka, fig.8, opening 14b) is formed by digging a hole (Tanaka, fig.8, opening 14b) in the middle of the two prisms (paragraph [0040], pair of prisms that divide the opening 14b in two).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the two prisms of Tsai to dig a hole in the middle of the two prisms as taught by Tanaka for the purpose of easily projecting an index onto a fundus (Tanaka, paragraph [0010]). (note: the limitations of “is formed by digging” in the claim is product by process limitations, and don’t impart any requirement on the product itself other than what is already structurally claimed, See MPEP 2173.05(p) sec. II)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872