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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/24/2024 and 07/24/2024 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 1, the applicant claims “test values”, however, it is unclear to the Examiner as to what exactly the test values are and how they are measured/scaled (i.e., are they acuity values/measurements and if they are acuity values/measurements are they scaled using logMAR, decimal, fractional (Snellen scale), dioptric, etc.). Therefore, claim 1 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 1 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. Regarding claim 1, the applicant claims “inputting an optional test symbol” and “optionally selecting the test symbol”, however, it is unclear to the Examiner as to whether or not the test symbol is input by the input unit and if the test symbol is selected since the limitations are optional.
Also, the applicant claims “test values”, however, it is unclear to the Examiner as to what exactly the test values are and how they are measured/scaled (i.e., are they acuity values/measurements and if they are acuity values/measurements are they scaled using logMAR, decimal, fractional (Snellen scale), dioptric, etc.).
In addition, the applicant claims “test values from 5.0 to 2.0 in increments of 1.0 and selecting test values from 2.0 to 0.01 in increments of 0.01”, however, is it unclear to the Examiner how test values can be incremented from 5.0 to 2.0 and from 2.0 to 0.01. However, it appears to the Examiner that the test values from 5.0 to 2.0 and from 2.0 to 0.0 should be decremented, or that the phrase should be reworded to be --test values from 2.0 to 5.0 in increments of 1.0 and selecting test values from 0.01 to 2.0 in increments of 0.01--.
Furthermore, the applicant claims “displays information such as a test setting and a test symbol processed by the visual acuity test operation instrument”, however, the scope of the claim is unclear to the Examiner (it's unclear if the above mentioned examples are the invention or just part of the invention) and it is undistinguishable if the test setting and a test symbol processed by the visual acuity test operation instrument are actually (required to be) displayed by the test symbol display instrument or not (are merely illustrative). Therefore, claim 1 does not clearly define the invention’s metes and bounds and is rendered vague and indefinite.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Merrian et al. (US 11,622,680), Sakurada et al. (US 2022/0369921) and Marin et al. (US 10,945,596) discloses a visual acuity test apparatus that includes a visual acuity test operation instrument including an input unit, a storage unit, a test symbol selection unit, a test value selection unit and a test symbol display instrument.
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 8:00-5:00 PM.
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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 12/30/2025