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 .
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 1-3, 7-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Blaha et al. (US 9,706,910) in view of Lee (US 2021/0244271).
Regarding claim 1, Blaha discloses, a method of delivering an eye exam order to a patient (Figs. 1-6) using a head-mounted vision device (208) configured to be positioned on the patient's head, wherein the head-mounted vision device (208) comprises a display (210) in electrical and data communication with a first computing device (202), wherein the first computing device is in data communication with at least one server (216) over a network (Col. 11, lines 31-37 and Col. 13, lines 18-25), and wherein the first computing device comprises a non-transient memory (206) in data communication with at least one processor (204) and is adapted to store programmatic instructions (Col. 11, lines 16-18 and 45-67) that, when executed, execute said method, the method comprising:
generating, for display on the first computing device, data indicative of a first graphical user interface (Col. 2, lines 18-21 and Col. 14, lines 26-27; note, discloses the user is prompted to provide authentication information to log in), wherein the first graphical user interface comprises inputs adapted to receive check-in information from the patient and receive an order for the eye exam order (Col. 14, lines 24-42; note, discloses the user is prompted to provide authentication information to log in),
after the head-mounted vision device is positioned on the patient’s head (Col. 12, lines 22-31; note, discloses head and eye tracking technology to position a user’s head and eye while using the system), generating for display as part of at least one second graphical user interface (Col. 14, lines 24-42; note, discloses a home menu that is presented to the user), (i) a first view displayed in the head-mounted vision device (Col. 14, lines 24-42; note, discloses the home menu is presented to the user that is made up of the a test/treatment, various options, statistics, an activity menu and a 3D scene as the plurality of content items for the selected test that is rendered to the display of the VR device worn on a user’s head) and (ii) a second view displayed on the first computing device (), comprising one or more components of said eye exam, wherein the first view comprises a predefined sequential series of content items (Col. 14, lines 24-42; note, discloses the home menu is presented to the user that is made up of the a test/treatment, various options, statistics, an activity menu and a 3D scene as the plurality of content items for the selected test that is rendered to the display of the VR device worn on a user’s head) comprising one or more components of said eye exam) and the second view comprises a progress status of the predefined sequential series of content items (Col. 13, lines 54-65, Col. 14, lines 43-56 and see 314 of Fig. 3; note, discloses displaying a progress status via data of a user’s results and performance).
Blaha does not explicitly disclose the second view displayed on the first computing device, wherein the second view comprises a progress status of the predefined sequential series of content items, wherein the first view and the second view are displayed concurrently; and dynamically updating both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items.
Lee teaches, from the same field of endeavor that in a method of delivering an eye exam to a patient that it would have been desirable to make the second view displayed on the first computing device (Para. 0216 and 0233-0236), wherein the second view comprises a progress status of the predefined sequential series of content items (Para. 0216 and 0233-0236), wherein the first view and the second view are displayed concurrently (Para. 0216 and 0233-0236 and see Figs. 22-23); and dynamically updating (Para. 0225; note, discloses providing in real time the newest updated data to the examinee and examiner) both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items (Para. 0216 and 0233-0236).
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 second view displayed on the first computing device, wherein the second view comprises a progress status of the predefined sequential series of content items, wherein the first view and the second view are displayed concurrently; and dynamically updating both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items as taught by the method of delivering an eye exam to a patient of Lee in the method of delivering an eye exam to a patient of Blaha since Lee teaches it is known to include these features in a method of delivering an eye exam to a patient for the purpose of providing an efficient method of delivering an eye exam to a patient with improved examination accuracy, increased reliability and reduced costs.
Regarding claims 2 and 13, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, the first graphical user interface is configured to display the patient's information and the order for the eye exam (Col. 13, lines 54-65 and Col. 14, lines 14-23 and 54-56).
Regarding claims 3 and 14, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, the patient, using the first computing device, actuates the eye exam order to check-in (Col. 2, lines 18-21 and Col. 14, lines 26-27; note, discloses the user is prompted to provide authentication information to log in).
Regarding claims 7 and 18, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, generating, for display on the first computing device, data indicative of a third graphical user interface (Col. 14, lines 34-37 and see 310) to enable a user (Col. 14, lines 59-67 and Col. 15, lines 1-12) to add at least one of one or more eye exam templates, one or more eye exams in addition to said eye exam and one or more educational content to the eye exam (Col. 10, lines 45-60 and Col. 15, lines 54-67).
Regarding claims 8 and 19, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, generating, for display on a second computing device, data indicative of a fourth graphical user interface (Col. 10, lines 16-32) to enable a person other than the patient (Col. 8, lines 52-67 and Col. 9, lines 1-20), wherein the selected two or more eye exams may or may not correspond to a same eye exam order (Col. 8, lines 52-67 and Col. 9, lines 1-20), wherein the second computing device is in data communication with the at least one server and the first computing device over the network (Col. 10, lines 16-32), and wherein the at least one server stores said results of the eye exam and the one or more additional eye exams (Col. 10, lines 16-32); and generating, for display on the second computing device, data indicative of a fifth graphical user interface (Col. 10, lines 45-49) configured to display an analysis (Col. 8, lines 34-51) of said results of the eye exam and the one or more additional eye exams (Col. 10, lines 50-67 and Col. 11, lines 1-4).
Regarding claim 9, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, the results of the eye exam and the one or more additional eye exams are generated by a) obtaining a first value at each first stimulus location in the eye exam (Col. 8, lines 34-51), b) obtaining a second value at each second stimulus location in the second of the one or more additional eye exams (Col. 8, lines 52-67 and Col. 9, lines 1-20), c) if the first stimulus location and the second stimulus location are equivalent, applying a function to generate a third value for said equivalent location and displaying said third value in the fifth graphical user interface (Col. 8, lines 52-67 and Col. 9, lines 1-20) and d) if the first stimulus location has no equivalent location in the second of the one or more additional eye exams and/or if the second stimulus location has no equivalent location in the eye exam (Col. 8, lines 52-67 and Col. 9, lines 1-20), displaying said first value and/or said second value in the fifth graphical user interface (Col. 10, lines 45-67).
Regarding claims 10 and 20, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, the fifth graphical user interface is configured to display the analyses of said results of the eye exam and the one or more additional eye exams side-by-side for comparison (Col. 10, lines 45-68 and Col. 11, lines 1-4).
Regarding claim 11, Blaha in view of Lee disclose and teaches as set forth above, and Blaha further discloses, the analysis determine a change in one or more parameters of said results and wherein the fifth graphical user interface is configured to display the change (Col. 10, lines 45-67 and Col. 11, lines 1-11).
Regarding claim 12, Blaha discloses, a computer readable program adapted to deliver an eye exam to a patient (Figs. 1-6) using a head-mounted vision device (208) configured to be positioned on the patient's head, wherein the head-mounted vision device (208) comprises a display (210) in electrical and data communication with a first computing device (202), wherein the first computing device is in data communication with at least one server (216) over a network (Col. 11, lines 31-37 and Col. 13, lines 18-25), and wherein the first computing device comprises a non-transient memory (206) in data communication with at least one processor (204) and is adapted to store programmatic instructions (Col. 11, lines 16-18 and 45-67) that, when executed, execute said method, the method comprising:
generating, for display on the first computing device, data indicative of a first graphical user interface (Col. 2, lines 18-21 and Col. 14, lines 26-27; note, discloses the user is prompted to provide authentication information to log in), wherein the first graphical user interface comprises inputs adapted to receive check-in information from the patient and receive an order for the eye exam order (Col. 14, lines 24-42; note, discloses the user is prompted to provide authentication information to log in),
after the head-mounted vision device is positioned on the patient’s head (Col. 12, lines 22-31; note, discloses head and eye tracking technology to position a user’s head and eye while using the system), generating for display as part of at least one second graphical user interface (Col. 14, lines 24-42; note, discloses a home menu that is presented to the user), (i) a first view displayed in the head-mounted vision device (Col. 14, lines 24-42; note, discloses the home menu is presented to the user that is made up of the a test/treatment, various options, statistics, an activity menu and a 3D scene as the plurality of content items for the selected test that is rendered to the display of the VR device worn on a user’s head) and (ii) a second view displayed on the first computing device (), comprising one or more components of said eye exam, wherein the first view comprises a predefined sequential series of content items (Col. 14, lines 24-42; note, discloses the home menu is presented to the user that is made up of the a test/treatment, various options, statistics, an activity menu and a 3D scene as the plurality of content items for the selected test that is rendered to the display of the VR device worn on a user’s head) comprising one or more components of said eye exam) and the second view comprises a progress status of the predefined sequential series of content items (Col. 13, lines 54-65, Col. 14, lines 43-56 and see 314 of Fig. 3; note, discloses displaying a progress status via data of a user’s results and performance).
Blaha does not explicitly disclose the second view displayed on the first computing device, wherein the second view comprises a progress status of the predefined sequential series of content items, wherein the first view and the second view are displayed concurrently; and dynamically updating both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items.
Lee teaches, from the same field of endeavor that in a method of delivering an eye exam to a patient that it would have been desirable to make the second view displayed on the first computing device (Para. 0216 and 0233-0236), wherein the second view comprises a progress status of the predefined sequential series of content items (Para. 0216 and 0233-0236), wherein the first view and the second view are displayed concurrently (Para. 0216 and 0233-0236 and see Figs. 22-23); and dynamically updating (Para. 0225; note, discloses providing in real time the newest updated data to the examinee and examiner) both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items (Para. 0216 and 0233-0236).
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 second view displayed on the first computing device, wherein the second view comprises a progress status of the predefined sequential series of content items, wherein the first view and the second view are displayed concurrently; and dynamically updating both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items as taught by the method of delivering an eye exam to a patient of Lee in the method of delivering an eye exam to a patient of Blaha since Lee teaches it is known to include these features in a method of delivering an eye exam to a patient for the purpose of providing an efficient method of delivering an eye exam to a patient with improved examination accuracy, increased reliability and reduced costs.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Blaha et al. (US 9,706,910) in view of Lee (US 2021/0244271) as applied to claims 1 and 12 above, and further in view of Grajales (US 2022/0392628).
Blaha in view of Lee remains as applied to claims 1 and 12 above.
Blaha in view of Lee does not disclose the second graphical user interface includes a visual graphical element having first and second toggle positions.
Grajales teaches, from the same field of endeavor that in a method of delivering an eye exam order to a patient and a computer readable medium adapted to deliver an eye exam order to a patient that it would have been desirable to make the second graphical user interface includes a visual graphical element having first and second toggle positions (see annotated Fig. 3 below).
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 second graphical user interface includes a visual graphical element having first and second toggle positions as taught by the method of delivering an eye exam order to a patient and a computer readable medium adapted to deliver an eye exam order to a patient of Grajales in the combination of Blaha in view of Lee since Grajales teaches it is known to include these features in a method of delivering an eye exam order to a patient and a computer readable medium adapted to deliver an eye exam order to a patient for the purpose of providing a cost-effective, accurate, efficient and easily-accessible method of delivering an eye exam order to a patient and computer readable medium adapted to deliver an eye exam order to a patient.
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Response to Arguments
Applicant’s arguments with respect to claims 1-4, 7-15 and 18-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maeda et al. (US 2018/0020910), Fried et al. (US 2018/0070820) and Newill (US 9,704,411) discloses a method of delivering an eye exam to a patient that it would have been desirable to make the second view displayed on the first computing device, wherein the second view comprises a progress status of the predefined sequential series of content items, wherein the first view and the second view are displayed concurrently; and dynamically updating both the first view and the second view in response to the patient’s progress through the predefined sequential series of content items.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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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.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 08/03/2026
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