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 .
Response to Arguments
Applicant's arguments with respect to 35 U.S.C. 103 in regards to claims 1-20 have been considered but are moot due to new grounds of rejection necessitated by amendments. See detailed rejection below.
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 1-2, 4-10, 12 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 8,081,808) in view of Claus et al. (US 7,921,017) in view of Narisawa (US 5,749,000) in view of Stepanova et al. (WO 2023/063679).
Claims 1, 15 and 19,
Huang teaches an electronic control unit (ECU) for a digital optical system having a display screen ([col. 4 lines 26-37] [col. 9 lines 10-39] stored in digital form and displayed on a monitor (an ophthalmic imaging/processing system with digital display); computer 702; CPU 704; memory 708; and video display interface driving the display), comprising:
a processor ([col. 9 lines 10-31] computer 702 comprising a central processing unit (CPU) 704);
a non-transitory computer-readable storage medium on which instructions are recorded ([computer program instructions may be stored in data storage) for controlling performance settings of the digital optical system([claim 19] [col. 9 lines 10-31] CPU 704 controls the overall operation/setting by executing computer program instructions and instructions store in data storage and loaded into memory),
including transmitting electronic display control signals to the display screen to cause the display screen to overlay a reference grid, which includes a plurality of individually selectable grid areas, onto a displayed digital image of a patient's eye ([Abstract] [Summary] [col. 9 lines 32-39] video display interface 716 transforms signals from CPU 704 to signals which may drive video display 726; a fundus image of retina is displayed (displaying a retinal image and displaying a grid on it); a measurement grid is displayed on the two-dimensional composite image).
The difference between the prior art and the claimed invention is that Huang does not explicitly teach a translation engine in communication with the processor; wherein execution of the instructions by the processor causes the processor to: receive voice commands from a user via a microphone during an ophthalmic procedure performed using the digital optical system; process the voice commands through the translation engine to thereby convert the voice commands into a machine-readable instruction set; adjust the performance settings of the digital optical system using the machine- readable instruction set to thereby change a state of the digital optical system; the performance settings including a focus-of-interest setting; wherein the focus-of-interest setting corresponds to a specific and discrete user-selected grid area of the reference grid and applying the focus-of-interest setting causes the digital optical system to bring the user-selected grid area into focus and maintain a center of the focused user-selected grid area as a reference point for subsequent focal adjustments.
Claus teaches a translation engine in communication with the processor ([col. 3 lines 47-59] interface 1020 includes a speech recognition module), wherein execution of the instructions by the processor causes the processor to:
receive voice commands from a user via a microphone during an ophthalmic procedure performed using the digital optical system ([col. 1 lines 12-24] phacoemulsification systems for ophthalmic surgery and includes a microphone 1010 to receive audio signals);
process the voice commands through the translation engine to thereby convert the voice commands into a machine-readable instruction set ([col. 4 lines 44-64] the interface 1020 will then interpret the valid voice command into a command recognizable by the surgical system 1030 (e.g., a computer readable data string); and
adjust the performance settings of the digital optical system using the machine- readable instruction set to thereby change a state of the digital optical system ([col. 4 lines 44-64] forward the interpreted command to the surgical system 1030 for execution (action block 2080)),
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Huang with teachings of Claus by modifying the retinal thickness measurement by combined fundus image and three-dimensional optical coherence tomography as taught by Huang to include a translation engine in communication with the processor; wherein execution of the instructions by the processor causes the processor to: receive voice commands from a user via a microphone during an ophthalmic procedure performed using the digital optical system; process the voice commands through the translation engine to thereby convert the voice commands into a machine-readable instruction set; adjust the performance settings of the digital optical system using the machine- readable instruction set to thereby change a state of the digital optical system as taught by Claus for the benefit of forwarding a valid voice command upon receipt of the valid voice command to the surgical system for execution (Claus [Abstract]).
The difference between the prior art and the claimed invention is that Huang nor Claus explicitly teaches the performance settings including a focus-of-interest setting; wherein the focus-of-interest setting corresponds to a specific and discrete user-selected grid area of the reference grid and applying the focus-of-interest setting causes the digital optical system to bring the user-selected grid area into focus and maintain a center of the focused user-selected grid area as a reference point for subsequent focal adjustments.
Narisawa teaches the performance settings including a focus-of-interest setting ([Abstract] a selection mechanism which selects at least one focus detection area from the multiple focus detection areas in correspondence to a voice recognized by the voice recognition mechanism and a focus mechanism which detects and adjusts respective focus conditions corresponding to the focus detection areas selected by the selection mechanism); and
wherein the focus-of-interest setting corresponds to a specific and discrete user-selected grid area of the reference grid and applying the focus-of-interest setting causes the digital optical system to bring the user-selected grid area into focus ([Summary] [col. 4 lines 13-21] [col. 8 lines 40-43] [col. 10 lines 55-63] nine numerical displays (1 to 9) and frame displays (dotted rectangles surrounding each numerical display) of the focus detection areas 500a-500i are displayed; the photographer can select the focus detection areas… pronouncing the number; selection mechanism selects focus detection area in correspondence to a voice recognized; focus detection and an autofocusing operation are performed based on the desired focus detection area; autofocusing is performed corresponds to focus detection area after the change (multiple discrete areas displayed and selectable by voiced reference codes)).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Huang and Claus with teachings of Narisawa by modifying the systems and methods for voice control of a medical device as taught by Claus to include the performance settings including a focus-of-interest setting; wherein the focus-of-interest setting corresponds to a specific and discrete user-selected grid area of the reference grid and applying the focus-of-interest setting causes the digital optical system to bring the user-selected grid area into focus as taught by Narisawa for the benefit of selecting a focus detection area from multiple focus detection areas in order to change the area of focus detection (Narisawa [Background]).
The difference between the prior art and the claimed invention is that Huang, Claus nor Narisawa explicitly teaches and maintain a center of the focused user-selected grid area as a reference point for subsequent focal adjustments.
Stepanova teaches and maintain a center of the focused user-selected grid area as a reference point for subsequent focal adjustments ([Abstract] [Figs. 2, 4 and 5A] Stepanova teaches maintaining/tracking the selected ROI center/target point and using it for later focus adjustment; Stepanova states that the user-selected target point may be “calculated as geometric center of the area tapped with user’s finger” and that the “selected region of interest to initiate the tracking process is the region of interest from the grid of regions of interest, which includes the user-selected target point”; Stepanova further teaches that “user selects ROI only for the first time … this information is transferred to a tracking means (tracker), and it is predicted for each subsequent frame, in which ROI of the grid the target object will be located”; the tracker “outputs data (coordinates and depth) of the object in the following frames”; for focal adjustment, Stepanova teaches that “delta lens position is calculated for selected ROI” and that the prediction step predicts “object position and lens position of future frames using current region of interest”; Stepanova further states that the resulting delta lens position is used “at each frame” to shift the lens so that “focusing on the object is performed” ).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Huang, Claus and Narisawa with teachings of Stepanova by modifying the systems and methods for voice control of a medical device as taught by Claus to include maintain a center of the focused user-selected grid area as a reference point for subsequent focal adjustments as taught by Stepanova for the benefit of optimizing the current lens, at the current lens position, for focusing on the object (Stepanova [Fig. 2]).
Claims 2, 16 and 20,
Claus further teaches the ECU of claim 1, wherein the voice commands include a predetermined primary focus utterance of the user ([col. 3 line 67] voice command have unique vocal keyword).
Huang further teaches wherein the processor is configured to overlay the reference grid onto the digital image of the patient’s eye in response to the predetermined primary focus utterance ([Fig. 4b] [col 5 line 61 to col. 6 line 59] the reference grid on an eye image; a measurement grid is displayed on the 2-D composite image moved to a region of interest and the ETDRS grid is superimposed onto the 2-D composite image and fundus image; a user can use a mouse to position a cursor on 2-D composite image).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Huang with the teaching of Claus by substituting the mouse used to move the grid as taught with the voice command as taught by Claus for the benefit of using voice command to control the reference grid.
Claims 4 and 17,
Huang further teaches the ECU of claim 1, wherein the reference grid is a rectilinear grid having rectangular grid cells ([Fig. 5b] 2-D composite grid is rectangular).
Claim 5,
Huang further teaches the ECU of claim 1, wherein the reference grid is a curvilinear grid having non-rectangular grid cells ([Fig. 5b] ETDRS grid is circular).
Claims 6 and 18,
Huang further teaches the ECU of claim 1, wherein the performance settings include a digital zoom setting of the digital optical system, and wherein the processor is configured to adjust the digital zoom setting in response to a predetermined zoom utterance of the user ([0035] the user 202 may adjust the magnification and/or field of view by changing the relative positioning of the zoom lens(es)).
Claus further teaches a processor for controlling features of the microscope such as auto focus and zoom ([col. 6 lines 26-38]).
Claim 7,
Huang further teaches the ECU of claim 1, wherein the performance settings include a depth-of-field function, and wherein the processor is configured to command a depth-of-field setting of the digital optical system in response to a predetermined depth-of-field utterance of the user ([col. 5 line 19] [col. 5 lines 48-51] bottle <XX> where XX is an integer between 0 and 107; bottle height; voice command to control irrigation bottle height in unit (inches)).
Claim 8,
Claus further teaches the ECU of claim 7, wherein the digital optical system includes a light source, and wherein the processor is configured to automatically adjust a color temperature of the light source with each successive change in the depth-of-field setting ([col. 5 line 19] [col. 5 lines 48-51] light <XX> where XX is an integer between 0 and 10; allows a different light settings e.g. intensity of the light).
Claim 9,
Claus further teaches the ECU of claim 1, wherein the digital optical system includes a light source, the performance settings include a desired light setting of the light source, and the processor is configured to command a desired light setting of the light source in response to a predetermined light setting utterance of the user ([col. 5 line 19] [col. 5 lines 48-51] light <XX> where XX is an integer between 0 and 10; allows a different light settings e.g. intensity of the light).
Claim 10,
Claus further teaches the ECU of claim 9, wherein the desired light setting includes a brightness level of the light source ([col. 5 line 19] [col. 5 lines 48-51] intensity of the light).
Claim 12,
Claus further teaches the ECU of claim 1, wherein the processor is programmed with one or more default settings of the digital optical system for each respective one of the performance settings, and is to automatically select the default settings in response to a predetermined default utterance of the user ([col. 5 line15 to col. 6 line 15] using voice command to set the plurality of parameters; the setting are then preset accordingly).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 8,081,808) in view of Claus et al. (US 7,921,017) in view of Narisawa (US 5,749,000) in view of Stepanova et al. (WO 2023/063679) and further in view of Kaneko (US 5,627,613).
Claim 11,
Huang, Claus, Narisawa and Stepanova teach all the limitations in claim 9. The difference between the prior art and the claimed invention is that Narisawa, Claus, Huang nor Stepanova explicitly teach wherein the light source includes multiple coaxial light sources and an oblique light source, and wherein the desired light setting includes a selection of the coaxial light sources or the oblique light source.
Kaneko teaches wherein the light source includes multiple coaxial light sources and an oblique light source, and wherein the desired light setting includes a selection of the coaxial light sources or the oblique light source ([Summary of the Invention] a portion of the illumination light from the light source means can be extracted and guided to the examined eye as oblique illumination light. Thus, both oblique illumination and coaxial illumination can be formed).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Huang with teachings of Kaneko by modifying the retinal thickness measurement by combined fundus images and 3-D optical coherence tomography as taught by Huang to include wherein the light source includes multiple coaxial light sources and an oblique light source, and wherein the desired light setting includes a selection of the coaxial light sources or the oblique light source as taught by Kaneko for the benefit of providing a method for ophthalmological illumination (Kaneko [Summary of the Invention]).
Claims 3, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 8,081,808) in view of Claus et al. (US 7,921,017) in view of Narisawa (US 5,749,000) in view of Stepanova et al. (WO 2023/063679) and further in view of Obviousness.
Claim 3,
Claus further teaches the ECU of claim 2, wherein the voice commands include a predetermined secondary focus utterance of the user ([col. 3 line 67] voice command have unique vocal keyword; can have plurality commands).
Huang further teaches wherein in response to the predetermined secondary utterance, the processor is configured to set the user-selected grid area and stop presenting the reference grid ([Fig. 4b] [col. 5 line 50 to col. 6 line 59] the user to select a specific area of the overlaid mark/grid as the region of interest for detailed imaging).
The difference between the prior art and the claim invention is that Claus, Narisawa, Huang nor Stepanova explicitly teach configured to set the user-selected grid area and stop presenting the reference grid.
Obviousness teaches that it would have been obvious to for an ordinary person skill in the art, to modifying the teaches Claus/Huang to include configured to set the user-selected grid area and stop presenting the reference grid as taught by Obviousness to let the user select and deselect to use the grid or not to use the grid.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Narisawa and Claus with teachings of Obviousness by modifying Narisawa/Claus to include the system/device when listening to voice command to be name of a hospital or medical facility as taught by Obviousness.
Claim 13,
Narisawa, Claus, Huang and Stepanova teach all the limitations in claims. Claus teach a user controlling an ophthalmic surgical system ([Abstract] [Background]). Claus teaches an operator for controlling of a medical device ([Abstract]). The difference between the prior art and the claimed invention is that Narisawa, Claus nor Huang explicitly teach where in the user is a surgeon and the predetermined default utterance includes a name of the surgeon.
Obviousness teaches that it would have been obvious to for an ordinary person skill in the art, to modifying the user of Narisawa/Claus to be a surgeon and use Narisawa/Claus listening to voice command to be the name of the surgeon.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Narisawa and Claus with teachings of Obviousness by modifying the user of Narisawa/Claus to be a surgeon and use Narisawa/Claus listening to voice command for parameter setting to substitute with a name of the surgeon as taught by Obviousness.
Claim 14,
Narisawa, Claus, Huang, and Stepanova teach all the limitations in claims. Claus teach a user controlling an ophthalmic surgical system ([Background]). Claus teaches an operator for controlling of a medical device ([Abstract]). The difference between the prior art and the claimed invention is that Claus does not explicitly teach wherein the predetermined default utterance includes a name of a hospital or medical facility.
Obviousness teaches that it would have been obvious to for an ordinary person skill in the art, to modifying Claus for the system/device when listening to voice command to be a name of a hospital or medical facility.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the teachings of Claus with teachings of Obviousness by modifying Claus to include the system/device when listening to voice command to be name of a hospital or medical facility as taught by Obviousness.
Conclusion
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SHREYANS A. PATEL
Primary Examiner
Art Unit 2653
/SHREYANS A PATEL/Examiner, Art Unit 2659
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