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 .
Election/Restrictions
Applicant’s election without traverse of Invention II, claims 4, 5 and 16-21, in the reply filed on 06/04/2026 is acknowledged.
Claims 1-3 and 6-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/04/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 5 and 16-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Line 9 of claim 4 recites “the ocular images”. It is unclear if this is referring to the “reference chart” or an image from the reflection of the eyeball. For the purpose of continuing examination, “the ocular images” is interpreted as the previously recited ”reference chart”. In addition, lines 16-17 of claim 4 recite “comparing the plurality of standard deviations to select from the plurality of standard deviations”, and similarly worded in claim 16. It is unclear if “the plurality of standard deviations” is referring to “the analysis value” at each preset diopter position or “the standard deviation of a cross-correlation term” at each preset diopter position or both. For the purpose of continuing examination, “the plurality of standard deviations” is interpreted as the analysis value that is a standard deviation at each preset diopter position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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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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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 6/25/2026
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