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 with traverse of claims 11-20, Group II in the reply filed on 2/03/2026 is acknowledged.
The traversal is on the ground(s) that independent claims 1 and 11 cover similar subject matter.
This is found persuasive. The requirement set forth on 1/30/2026 is withdrawn.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 6/19/2024 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
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.
Claim 4 is 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. In at least claim 4 the word “substantially” renders the claims indefinite because it is unclear how the applicant is measuring: substantially since these are terms of degree/ subjective terms. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degrees, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. See MPEP § 2173.05(d). See In re Wiggins, 488 F. 2d 538, 541, 179 USPQ 421, 423 (CCPA 1973).
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samec (WO 2016149416 A1).
Regarding claim 1, Samec discloses (see at least [0423]-[0475], Fig 17A-Fig 17F) an eye examination system ([0423], ophthalmic system used for a visual acuity test) comprising: a headset configured to be positioned against a user's head ([0429], augmented reality display device 62 configured to project light 38 that is directed into the eyes of a user to form images in the eye of the user for the user's viewing), the headset (62) having a housing (108) containing a lens (106) and a display (Fig 5, [0121], [0140], LCD; 106 that may be mounted to user’s head or eyes by housing 108) operable to display an image to an eye of the user ([0436], image displayed by ophthalmic device; [0437], image content presented on display); and a long-pass filter arranged between the lens (106) and the eye for examining the eye's ability to see the image (Fig 17B, [0437], occluder 1730a having a pinhole 1735a positioned such that light rays from person 1721 are viewed by the eye), the long-pass filter (1730a) having a first transmission region (1735a) that transmits a visible light and a near-infrared light to the eye (Fig 17B, [0437]) and a second transmission region ([0437], ophthalmic system may implement an occluder (1730a) having a pinhole (1735a) located along the line of sight optical axis of the eye) that transmits the near-infrared light and blocks the visible light (Fig 17B, [0437], pinhole occluder operates as an aperture or field stop that stops down [at least visible] light from the peripheral).
Regarding claim 2, Samec discloses wherein the first transmission region comprises a number of pinholes formed through the long-pass filter (Fig 17E, [0460], multiple pinhole occluder).
Regarding claim 3, Samec discloses wherein the first transmission regions comprises a number of etched regions on the long-pass filter ([0437], implement pinhole of occluder 1730a).
Regarding claim 4, Samec discloses wherein the transmission of near-infrared light through the first transmission region and the second transmission region is substantially equal ([0443], dual capture visible light / infrared light cameras).
Regarding claim 5, Samec discloses wherein the second transmission region surrounds the first transmission region (Fig 17B shows occluder 1730a surrounding pinhole 1735a).
Regarding claim 6, Samec discloses wherein the long-pass filter is permanently coupled to the headset ([0430], pinhole occluder 1730a may be incorporated into an ophthalmic system, as part of display device 62).
Regarding claim 7, Samec discloses wherein the long-pass filter is removably coupled to the headset ([0430], pinhole occluder 1730 may be a separate component that may be positioned onto the ophthalmic system).
Regarding claim 8, Samec discloses further comprising a dichroic filter contained within the housing ([0753], display (62), may comprise a light-emitting module 27 (dichroic lamps) to selectively administer light based on a treatment protocol).
Regarding claim 9, Samec discloses further comprising a camera contained within the housing ([0447], ophthalmic system may utilize inward facing cameras (24)).
Regarding claim 10, Samec discloses wherein the dichroic filter and the camera are arranged between the long-pass filter and the display (Fig 5, [0121]-[0122]).
Regarding claim 11, Samec discloses (see at least [0423]-[0475], Fig 17A-Fig 17F) an eye examination system ([0423], ophthalmic system used for a visual acuity test) comprising: a headset configured to be positioned against a user's head ([0429], augmented reality display device 62 configured to project light 38 that is directed into the eyes of a user to form images in the eye of the user for the user's viewing), the headset (62) having a housing (108) containing a lens (106) and a display (Fig 5, [0121], [0140], LCD; 106 that may be mounted to user’s head or eyes by housing 108) operable to display an image to an eye of the user ([0436], image displayed by ophthalmic device; [0437], image content presented on display); a long-pass filter arranged between the lens (106) and the eye for examining the eye's ability to see the image (Fig 17B, [0437], occluder 1730a having a pinhole 1735a positioned such that light rays from person 1721 are viewed by the eye), the long-pass filter (1730a) having a first transmission region (1735a) that transmits a visible light and a near-infrared light to the eye (Fig 17B, [0437]) and a second transmission region ([0437], ophthalmic system may implement an occluder (1730a) having a pinhole (1735a) located along the line of sight optical axis of the eye) that transmits the near-infrared light and blocks the visible light (Fig 17B, [0437], pinhole occluder operates as an aperture or field stop that stops down [at least visible] light from the peripheral) and one or more processors (processing module 70) communicatively coupled to the headset and to memory storing instructions that, when executed ([0458], receives inputs 1710), configure the one or more processors to receive a response regarding the eye's ability to see the image and determine a visual acuity of the eye (Fig 17D, [0450], local processing module (70), for example, by executing logic devices to perform instructions stored in a digital memory operatively connected to the local processing module. Process flow 1700 may be performed by an ophthalmic device).
Regarding claim 12, Samec discloses wherein the instructions further configure the one or more processors to determine a measurement of a sharpness of the image seen by the user's eye based on the response, and the measurement is used to determine the visual acuity of the eye ([0269], image shown to the weaker eye can be altered to be made more interesting or compelling to the wearer (e.g., brightened, color-enhanced, three-dimensionally enhanced, sharpened focus, higher resolution, enhanced contrast, moving, higher refresh rate, etc.)).
Regarding claim 13, Samec discloses further comprising an eye tracking assembly having an emitter that emits the near-infrared light to the eye and a camera for tracking a movement of the eye based on a reflection of the near-infrared light ([447], eye tracking system utilizing inward facing cameras 26 (e.g., cameras 24) to track an eye), and wherein the tracked movement of the eye is used to select an operation of the headset ([0474], eye tracking system (e.g., cameras 24) to determine whether a user is struggling to view an image to adjust the vision correction (modify the pinhole occluder requirements)).
Regarding claim 14, Samec discloses further comprising a dichroic filter ([0753], display (62), may comprise a light-emitting module 27 (dichroic lamps) to selectively administer light based on a treatment protocol), and wherein the dichroic filter and the eye tracking assembly are positioned between the long-pass filter and the display (Fig 5, [0121]-[0122]).
Regarding claim 15, Samec discloses wherein the first transmission region comprises a pinhole formed through the long-pass filter (Fig 17B, [0437], pinhole 1735a).
Regarding claim 16, Samec discloses wherein the first transmission regions comprises an etched region on the long-pass filter ([0437], implement pinhole of occluder 1730a).
Regarding claim 17, Samec discloses wherein the second transmission region entirely surrounds the first transmission region (Fig 17B shows occluder 1730a surrounding pinhole 1735a).
Regarding claim 18, Samec discloses wherein the second transmission region blocks the visible light impinging on the filter from the display (Fig 17B, [0437], pinhole occluder operates as an aperture or field stop that stops down at least visible light from the peripheral).
Regarding claim 19, Samec discloses wherein the long-pass filter is permanently coupled to the headset ([0430], pinhole occluder 1730a may be incorporated into an ophthalmic system, as part of display device 62).
Regarding claim 20, Samec discloses wherein the long-pass filter is removably coupled to the headset ([0430], pinhole occluder 1730 may be a separate component that may be positioned onto the ophthalmic system).
Regarding claim 21, Samec discloses further comprising: one or more processors (processing module 70) communicatively coupled to the headset ([0470], local processing module (70) may execute instructions); and memory (digital memory or remote data repository (74)) coupled to the one or more processors ([0472]), the memory storing instructions that, when executed by the one or more processors ([0469]), cause the eye examination system to perform operations ([0469], local processing module (70) may retrieve one or more inputs stored in 1766 from the digital memory and adjust the size, shape, and arrangement of the pinhole occluder) including: receiving a response regarding the eye's ability to see the image; and determining a visual acuity of the eye (Fig 17D, [0450], local processing module (70), for example, by executing logic devices to perform instructions stored in a digital memory operatively connected to the local processing module. Process flow 1700 may be performed by an ophthalmic device).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Goyal (20210030270), Zidan (20200397288), and Smyth (5583795) are examples of a system utilized for measuring eye gaze and fixation duration employing an electronic video display array.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/ Primary Examiner, Art Unit 2872
Prosecution Insights