DETAILED ACTION
The Examiner acknowledges the amendments received 28 April 2026. Claims 1-4 are pending.
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, see “Remarks”, filed 28 April 2026, with respect to the rejection(s) of claim(s) 1-4 under Shenzhen and Reis have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made.
Claim Rejections - 35 USC § 101
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-4 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 1 requires “the light shielding plate being located between the light source and a pupil” (lines 3-4) “another part of the light irradiates orthographically onto a periphery of the pupil” (lines 11-12) and “a part of the light transferring the pattern shown in the flexible screen irradiates obliquely on to the pupil” (lines 13-14). These limitations implicitly claim the human body as part of the inventive system, and should be amended to include “configured to” (“adapted to”, etc.) language to preclude this interpretation. The claims should further be amended to maintain consistency with these amendments.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792
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