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 Amendment
This office action is in response to the communication filed 4/24/2026.
Cancellation of claim 2, filed 4/24/2026, is acknowledged and accepted.
Amendments to the specification and to claims 1, 5, 10, 15-17, filed 4/24/2026, are acknowledged and accepted.
Due to the amendments, the drawing objections, claims objections, and rejections under 35 U.S.C. 112(b) are now withdrawn.
Response to Arguments
On pgs. 8-10 of the Remarks, filed 4/24/2026, Applicant's arguments with respect to claims 1 and 10 have been fully considered but are moot because the Applicant is arguing newly amended claims, filed 4/24/2026, not the (Non-)Final Rejection, filed 3/5/2026. Newly amended claims are argued below.
Response to Amendment
This office action is in response to the communication filed 4/24/2026.
Cancellation of claim 2, filed 4/24/2026, is acknowledged and accepted.
Amendments to the specification and to claims 1, 5, 10, 15-17, filed 4/24/2026, are acknowledged and accepted.
Due to the amendments, the drawing objections, claims objections, and rejections under 35 U.S.C. 112(b) are now withdrawn.
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 1-6, 10-12, 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Khan and Susanibar (US 20220151489 A1, hereinafter “Khan”) in view of Webb et al (NPL entitled Flying spot TV ophthalmoscope)
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 1-6, 10-12, 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Khan and Susanibar (US 20220151489 A1, hereinafter “Khan”) in view of Webb et al (NPL entitled Flying spot TV ophthalmoscope)
Regarding claim 1, Khan discloses a method of imaging a retina of an eye, the method comprising (see ¶s 128-133, describing integrated eye-tracking and retinal imaging; FIGs. 10-13 and accompanying ¶s 134-153 – detailing multiple related embodiments that strongly overlap with one another and implement the relevant methods; and FIGs. 18(A-C), ¶s 167-175, further refining details applicable to these embodiments):
determining a position of the eye (¶ 133: “Eye position can be recorded”) using an eye-tracking unit (eye-tracking cameras 1110);
measuring, by a detector (e.g. imaging camera 1828 of FIG. 18’s fundus camera 1800 – which, in turn, may correspond (per ¶ 141, 167) to FIG. 11-12’s fundus cameras 1108 or to FIG. 10C’s fundus camera modules 1008(a,b)) separate from the eye-tracking unit (e.g. FIG. 11’s eye-tracking cameras 1110), light reflected or emitted from a point on the retina of the eye (¶ 130: “The fundus camera can be… used to provide narrow and wide field retinal imaging capabilities”), wherein only light from the point on the retina is measured at any one time (¶ 145: “The fundus camera 1108 will often only be able to image a portion of the user’s retina”, ¶ 148: “images frames (at 24 frames per second, 30-second video length) captured by the fundus camera 1108 […] provide sufficient imaging”), wherein a location of the point on the retina is dependent on a rotational position of the eye (¶ 145: “user may be instructed to change the direction of their gaze to thereby change the area of the retina imaged by the camera”), and wherein spatial information regarding the location of each point on the retina is provided by the eye-tracking unit (eye-tracking cameras 1110) (¶ 144: “eye tracking cameras 1110 […] determine the location of the pupil and when the position of the pupil changes”, ¶ 147: “The portion of the retina being imaged can be determined by information about the eye gaze direction and relative location of the fundus camera”; see also ¶ 19);
determining the location of the point on the retina based on the position of the eye (¶ 133: “Eye coordinate information is used to determine the portion of the retina captured”);
repeating the steps of determining and measuring over time to provide multiple measurements of light reflected from points in different locations on the retina (¶ 130: “Data can be collected from a live video of the eye while the Fundus camera is taking a set of images”); and
combining the measurements to form an image of the retina (¶ 130: “Eye-tracking and image processing can be used to combine images captured by the camera to generate an image that covers most or all of the retina.”).
Khan does not disclose a non-imaging detector.
Khan and Webb commonly relate to ophthalmologic systems/methods for imaging retina.
Webb discloses a non-imaging detector (“photomultiplier tube”) (see abstract and/or sec. I: “The illumination is a laser beam, scanned over the retina by moving mirrors (a flying spot). At any instant, light is collected by a lens system and photomultiplier, without the formation of an optical image”).
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of Khan and Webb, in order to reduce the amount of illumination/energy needed for retinal imaging (Webb sec. I).
Regarding claim 3, modified Khan discloses the method according to claim 1.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein measuring comprises:
illuminating the retina of the eye (1830) (¶ 170: “light will enter the eye of a user 1830 and illuminate at least part of the retina”); and
focusing light (1821) reflected from the point on the retina onto a detector (imaging camera 1828); and
receiving the focused light (1821) with the detector (imaging camera 1828) (¶ 173: “Light 1821 reflected by the retina or other structure in the eye exits… lens 1826 focuses the light onto imaging camera 1826 [sic, read:1828]”).
Regarding claim 4, modified Khan discloses the method according to claim 3.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein the step of illuminating comprises emitting light (1805) with an emitter (light source 1804) and directing the emitted light (1805, 1817) onto the eye (1830) with an optical element (e.g. beam splitter 1810, mirrors 1814 and 1816).
Regarding claim 5, modified Khan discloses the method according to claim 3.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein the detector (imaging camera 1828) comprises a photodiode (“sensor element”). (Consider the following:
¶ 173: “Imaging camera 1828 can include internal lenses that operate to focus incoming light onto a sensor element”
¶ 174: “imaging camera 1820 [sic, read: 1828] can comprise a conventional high-resolution digital camera”
and note that virtually all “conventional” cameras have image sensors (CMOS, CCD) with photodiodes.)
Regarding claim 6, modified Khan discloses the method according to claim 1.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein the step of measuring comprises determining one or more of an intensity, a phase, an auto-fluorescence, and a polarisation. (Consider the following:
¶ 173: “Imaging camera 1828 can include internal lenses that operate to focus incoming light onto a sensor element”
¶ 174: “imaging camera 1820 [sic, read: 1828] can comprise a conventional high-resolution digital camera”
and note that virtually all “conventional” cameras have image sensors (CMOS, CCD) with photodiodes. Photodiodes generate photocurrent directly related to incident light intensity, and they will therefore involve intensity determination as part of their core operating principle.)
Regarding claim 10, Khan discloses (see FIG. 2(A-B), ¶s 61-67; FIG. 6, ¶s 68-74) an optical device (FIG. 2(A-B)’s optics module 110, including FIG. 6’s module system 600) for imaging a retina of an eye (¶ 72: “Different modules 110 can be specially configured for… retinal imaging”), the device being suitable for integrating in a head mounted device (modular headset system 100), the optical device (optics module 110) comprising (see also ¶s 130-133, describing integrated eye-tracking and retinal imaging; FIGs. 10-13 and accompanying ¶s 134-153 – detailing multiple related embodiments that strongly overlap with one another and with those of preceding discussions, including optics module 110 and module system 600 cited above; and FIGs. 18(A-C), ¶s 167-175, further refining details applicable to these embodiments):
an eye-tracking unit (e.g. FIG. 6’s/11’s eye tracking cameras 612/1110) configured to determine a position of the eye (¶ 133: “Eye position can be recorded”);
a measuring unit (e.g. FIG. 10’s fundus camera modules 1008, FIG. 11-12’s fundus cameras 1108) separate from the eye-tracking unit (eye-tracking cameras 1110), the measuring unit comprising a detector (e.g. imaging camera 1828 of FIG. 18’s fundus camera 1800 – which, in turn, may correspond (per ¶ 141, 167) to FIG. 11-12’s fundus cameras 1108 or to FIG. 10C’s fundus camera modules 1008(a,b)) configured to measure light reflected or emitted from a point on the retina of the eye (¶ 130: “The fundus camera can be… used to provide narrow and wide field retinal imaging capabilities”), wherein only light from the point on the retina is measured at any one time (¶ 145: “The fundus camera 1108 will often only be able to image a portion of the user’s retina”, ¶ 148: “images frames (at 24 frames per second, 30-second video length) captured by the fundus camera 1108 […] provide sufficient imaging”), wherein a location of the point on the retina is dependent on a rotational position of the eye (¶ 145: “user may be instructed to change the direction of their gaze to thereby change the area of the retina imaged by the camera”), and wherein spatial information regarding the location of each point on the retina is provided by the eye-tracking unit (eye-tracking cameras 1110) (¶ 144: “eye tracking cameras 1110 […] determine the location of the pupil and when the position of the pupil changes”, ¶ 147: “The portion of the retina being imaged can be determined by information about the eye gaze direction and relative location of the fundus camera”; see also ¶ 19);
a processing unit (e.g. FIG. 12’s (image processing and) analysis system 1206) configured to determine the location of the point on the retina based on the position of the eye (¶ 133: “Eye coordinate information is used to determine the portion of the retina captured”); and
an imaging unit (e.g. FIG. 12’s (image processing and) analysis system 1206) configured to combine multiple measurements of reflected light to form an image of the retina (¶ 130: “Eye-tracking and image processing can be used to combine images captured by the camera to generate an image that covers most or all of the retina.”).
Khan does not disclose a non-imaging detector.
Khan and Webb commonly relate to ophthalmologic systems/methods for imaging retina.
Webb discloses a non-imaging detector (“photomultiplier tube”) (see abstract and/or sec. I: “The illumination is a laser beam, scanned over the retina by moving mirrors (a flying spot). At any instant, light is collected by a lens system and photomultiplier, without the formation of an optical image”).
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the teachings of Khan and Webb, in order to reduce the amount of illumination/energy needed for retinal imaging (Webb sec. I).
Regarding claim 11, modified Khan discloses the optical device according to claim 10.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein the measuring unit (fundus camera 1800) comprises
an emitter (light source 1804) for illuminating the retina of the eye (1830) (¶ 170: “light will enter the eye of a user 1830 and illuminate at least part of the retina”); and
a detector (imaging camera 1828) for receiving the light (1821) reflected from the point on the retina (¶ 173: “Light 1821 reflected by the retina or other structure in the eye exits… lens 1826 focuses the light onto imaging camera 1826 [sic, read:1828]”).
Regarding claim 12, modified Khan discloses the optical device according to claim 11.
Khan further discloses (See ¶ 169) wherein the emitter (light source 1804) comprises a light emitting diode, LED, or laser diode.
Regarding claim 14, modified Khan discloses the optical device according to claim 11.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein the measuring unit (fundus camera 1800) further comprises an optical element (e.g. beam splitter 1810, mirrors 1814 and 1816) for directing light (1805, 1817) from the emitter onto the eye (1830).
Regarding claim 15, modified Khan discloses the optical device according to claim 11.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein the detector (imaging camera 1828) comprises a photodiode (“sensor element”) for measuring an intensity of light (1821) incident on the photodiode (“sensor element”). (Consider the following:
¶ 173: “Imaging camera 1828 can include internal lenses that operate to focus incoming light onto a sensor element”
¶ 174: “imaging camera 1820 [sic, read: 1828] can comprise a conventional high-resolution digital camera”
and note that virtually all “conventional” cameras have image sensors (CMOS, CCD) with photodiodes. Photodiodes generate photocurrent directly related to incident light intensity, and they will therefore measure intensity as part of their core operating principle.)
Regarding claim 16, modified Khan discloses a head mounted device (modular headset system 100) comprising one or two optical devices (optics module 110) as claimed according to claim 10 (see rejection above).
Claims 7-9, 13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Khan in view of Webb, as applied to claims 1, 11, and 16 above, and in further view of Meyer et al (US 20230122222 A1, hereinafter “Meyer”).
Regarding claim 7, modified Khan discloses the method according to claim 1.
Modified Khan does not disclose wherein measuring comprises self-mixing interferometry, SMI, so that the light is emitted by an emitter and the reflected light is received by the same emitter and the output from or the input to the emitter is measured to determine a phase and/or amplitude of the reflected light.
Khan and Meyer commonly relate to ocular measurement apparatuses/methods for head-mounted device applications.
Meyer discloses (see FIGs. 1-3, ¶s 51-63) wherein measuring comprises self-mixing interferometry, SMI, so that the light is emitted by an emitter (laser/photodiode unit 130) and the reflected light is received by the same emitter (laser/photodiode unit 130) and the output from or the input to the emitter is measured to determine a phase and/or amplitude of the reflected light. (See also ¶s 5-26’s basic description of self-mixing interference measurements; reflected light interferes with the primary beam, resulting in intensity fluctuations (encompassing phase and/or amplitude variations) from which information about the reflecting – e.g. retina – object is obtained)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to also combine the teachings of Khan and Meyer, in order to provide enhanced biometrics with spatial resolution, facilitating feature extraction and identification/authentication accuracy.
Regarding claim 8, modified Khan discloses the method according to claim 7.
Khan further discloses (see FIGs. 18(A-C), ¶s 167-175) wherein a part of the light (1805) emitted by the emitter is directed to a detector (imaging camera 1828).
Regarding claim 9, modified Khan discloses the method according to claim 1.
Khan further discloses wherein determining the position is repeated at a repetition rate greater than 60 Hz. (See ¶ 142: “The frame rate of cameras… [i.e. eye-tracking cameras for determining position] … at a range between 50 Hz to 100 Hz.”)
Modified Khan does not disclose wherein measuring the reflected light is repeated at a repetition rate greater than 60 Hz.
Khan and Meyer commonly relate to ocular measurement apparatuses/methods for head-mounted device applications.
Meyer discloses wherein measuring the reflected light is repeated at a repetition rate greater than 60 Hz. (See ¶s 74-79, listed are eye “variables” determined by analyzing the reflected light – among them are “saccades… with an occurrence frequency of 10 Hz to 100 Hz” (¶ 78). The upper value suggests a sampling rate of at least 200 Hz (= Nyquist rate).)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to also combine the teachings of Khan and Meyer, in order to provide enhanced biometrics with spatial resolution, facilitating feature extraction and identification/authentication accuracy.
Regarding claim 13, modified Khan discloses the optical device according to claim 11.
Modified Khan does not disclose wherein the emitter comprises a vertical cavity surface emitting laser, VCSEL, configured to emit light having a wavelength in the range of 800 nm to 1400 nm.
Khan and Meyer are commonly related to ocular measurement apparatuses/methods for head-mounted device applications.
Meyer discloses (See FIGs. 1-3, ¶s 51-63) wherein the emitter (laser/photodiode unit 130) comprises a vertical cavity surface emitting laser (¶ 53: “laser/photodiode unit 130 is… a ViP[= VCSEL-integrated-Photodiode]”), VCSEL, configured to emit light having a wavelength in the range of 800 nm to 1400 nm. (¶ 54: “wavelengths… in particular 780 nm to 1,040 nm, may be used”)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to also combine the teachings of Khan and Meyer, in order to provide enhanced biometrics with spatial resolution, facilitating feature extraction and identification/authentication accuracy.
Regarding claim 17, modified Khan discloses the head mounted device according to claim 16.
Khan does not disclose wherein each of the one or two optical devices is integrated in a stem of the head mounted device and an optical element is configured to at least reflect light having a wavelength substantially equal to the light of the emitter, whilst being substantially transparent to light in the visible spectrum.
Khan and Meyer are commonly related to ocular measurement apparatuses/methods for head-mounted device applications.
Meyer discloses (see FIGs. 3, ¶s 63) wherein each of the one or two optical devices (laser/photodiode unit 130) is integrated in a stem (temple 120) of the head mounted device (device 100) and an optical element (holographic optical element (HOE) 150) is configured to at least reflect light having a wavelength substantially equal to the light of the emitter (laser/photodiode unit 130), whilst being substantially transparent to light in the visible spectrum (HOEs are typically transparent to visible light and implemented in see-through displays; here HOE 150 is embedded in spectacle lens 110).
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to also combine the teachings of Khan and Meyer, in order to provide enhanced biometrics with spatial resolution, facilitating feature extraction and identification/authentication accuracy.
Conclusion
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 WAI-GA D. HO whose telephone number is (571)270-1624. The examiner can normally be reached Monday through Friday, 10AM - 6PM E.T..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephone Allen can be reached at (571) 272-2434. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.D.H./Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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