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 .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 12, 2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-8, 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (US 2022/0350162; of record) in view of Marin et al. (US 2021/0311325 - Marin).
As to claim 1, Cho teaches a method for determining a sensitivity of at least one eye of a test subject based on at least two provided pairs of values for visual acuity and refraction (Cho - Abstract; Fig. 7; para. [0026]), wherein at least one of the pairs of values for visual acuity and refraction is provided by
providing an optimum refraction of at least one eye of the test subject (Cho Fig. 6 - S111; para. [0037] - examiner first sets the optical properties of the lens group 70 such as the spherical power, the cylindrical power, and the astigmatic axis angle such that the wearer W can clearly view the target Ob through the lens group 70; para. [0074]);
after providing the optimum refraction, projecting a target with an adjustable target refraction into the at least one eye or the test subject (Cho Fig. 1 - W, 6, Ob; para. [0030], [0031] - target (Ob) projected into eye of subject (W), adjustable refraction by phoropter (6); Fig. 3 - 70; para. [0032]), wherein the target is configured to verify a predetermined visual acuity (Cho para. [0030], [0031], [0037]);
determining a visual acuity limiting refraction of the at least one eye of the test subject associated with the predetermined visual acuity by varying a target refraction of the target projected into the at least one eye of the test subject (Cho Fig. 6 - S112; para. [0042], [0058], [0075]) and detecting a test subject indicating that an identifiability of the target for the test subject has changed at a time of the test subject action (Cho Fig. 6 - S112; para. [0058]);
calculating a false refraction (Cho Fig. 7 - 106; Fig. 8; para. [0042], [0058]-[0060]) representing a deviation between the target refraction applied during the projection of the target and the optimum refraction (Cho para. [0042], [0058]-[0060]);
determining a sensitivity based on the calculated false refraction (Cho Fig. 7 - 106; Fig. 8; para. [0042], [0058]-[0060], [0081]).
While Cho provides an optimum refraction (e.g. lens setting via phoropter (70) to see clearly), Cho doesn’t specify the optimum refraction is determined by an objective and/or subjective measurement.
In the same field of endeavor Marin teaches a method of determining a sensitivity of an eye wherein an optimum refraction is determined using objective or subjective refraction measurement (Marin para. [0001], [0340] - The test protocol usually starts with a predetermined value of the optical feature, for example the optical feature of the previous visual correction equipment or an objective value determined with an autorefractometer; para. [0330]-[0336]). It would have been obvious to provide the optimum refraction (e.g. Cho’s starting refraction where the user sees thing clearly) by objective and/or subjective measurement since, as taught by Marin, such objective/subjective refraction is well known in the art for the purpose of beginning the test protocol (Marin para. [0340]).
As to claim 2, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches
wherein, prior to the step of varying the target refraction, the target is projected into the at least one eye of the test subject with such a starting target refraction that the test subject can only recognize the target out of focus and/or cannot identify it (Cho para. [0058]-[0060], [0062]).
As to claim 3, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches determining the optimum refraction of the at least one eye of the test subject and determining the visual acuity achieved by the at least one eye of the test subject when compensating for a possible ametropia of the at least one eye of the test subject based on the determined optimum refraction (Cho para. [0037], [0038]).
As to claim 4, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches determining a subjective refraction result for at least one eye of the test subject (Cho para. [0037], [0038]); and
determining the visual acuity achieved by the at least one eye of the test subject when compensating for a possible ametropia of the at least one eye of the test subject based on the determined subjective refraction result (Cho para. [0037], [0038]),
wherein the optimum refraction of the at least one eye of the test subject is determined based on the subjective refraction result and an objective refraction result (Cho para. [0037], [0038]).
As to claim 6, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches varying the target refraction comprises monotonically decreasing the target refraction and/or monotonically increasing the target refraction (Cho para. [0042], [0043], [0050]).
As to claim 7, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches the determination of a visual acuity limiting refraction of the at least one eye of the test subject associated with the predetermined visual acuity is carried out by decreasing the target refraction and detecting a test subject action while decreasing of the target refraction (Cho Fig. 8; para. [0060]), and/or by increasing the target refraction and detecting a test subject action while increasing of the target refraction, wherein each test subject action results in a determination that the identifiability of the target for the test subject has changed at the time of the respective test subject action (Cho Fig. 8; para. [0060]).
As to claim 8, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches at least two of the provided pairs of values for visual acuity and refraction (Cho Fig. 7) are provided by:
projecting a first target with a first adjustable target refraction into the at least one eye of the test subject (Cho Fig. 1 - W, 6, Ob; para. [0030], [0031] - target (Ob) projected into eye of subject (W), adjustable refraction by phoropter (6); Fig. 3 - 70; para. [0032]), wherein the first target is configured to verify a predetermined first visual acuity (Cho para. [0030], [0031], [0037]);
determining a first visual acuity limiting refraction of the at least one eye of the test subject associated with the predetermined first visual acuity by varying the first target refraction of the first target projected into the at least one eye of the test subject (Cho Fig. 6 - S112; para. [0042], [0058], [0075]) and detecting a first test subject action which results in a determination that the identifiability of the first target for the test subject has changed at the time of the first test subject action (Cho Fig. 6 - S112; para. [0058]);
projecting a second target with a second adjustable target refraction into the at least one eye of the test subject (Cho Fig. 1 - W, 6, Ob; para. [0030], [0031] - target (Ob) projected into eye of subject (W), adjustable refraction by phoropter (6); Fig. 3 - 70; para. [0032]), wherein the second target is configured to verify a predetermined second visual acuity which differs from the predetermined first visual acuity (Cho para. [0030], [0031], [0037]); and
determining a second visual acuity limiting refraction of the at least one eye of the test subject associated with the predetermined second visual acuity by varying the second target refraction of the second target projected into the at least one eye of the test subject (Cho Fig. 6 - S112; para. [0042], [0058], [0075]) and detecting a second test subject action which results in a determination that the identifiability of the second target for the test subject has changed at the time of the second test subject action (Cho Fig. 6 - S112; para. [0058]).
As to claim 10, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches the test subject is presented with a visual task with at least two possible different answers in order to determine a visual acuity limiting refraction, and wherein the test subject can answer the visual task using the test subject action (Cho para. [0060], [0062]).
As to claim 11, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches wherein, prior to the step of determining a visual acuity limiting refraction, first aberrometric data of the at least one eye of the test subject, for a distance accommodation state of the at least one eye of the test subject, are acquired (Cho Fig. 7 - 106; para. [0026], [0027], [0074], [0077]), and
wherein the method further comprises acquiring second aberrometric data of the at least one eye of the test subject for a near accommodation state of the at least one eye of the test subject (Cho Fig. 7 - 106; para. [0026], [0027], [0074], [0077]), wherein the acquiring of second aberrometric data occurs prior to the step of determining a visual acuity limiting refraction (Cho Fig. 7 - 106; para. [0026], [0027], [0074], [0077]).
As to claim 12, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches method of calculating, optimizing, or evaluating spectacle lenses taking into account the sensitivity of claim 1 (Cho Fig. 5 - S11…S22; Fig. 7).
As to claim 13, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 12, and Cho further teaches a method of manufacturing a spectacle lens (Cho Fig. 5 - S23).
As to claim 14, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Cho further teaches a non-transitory computer program product (Cho Fig 2; Fig. 4).
As to claim 15, Cho teaches a device for determining a sensitivity of at least one eye of a test subject (Cho Figs. 1-7), comprising:
a target providing device configured to provide a target which is configured to verify a predetermined visual acuity (Cho Fig. 1 - Ob; para. [0030]);
a refraction unit configured to provide an optimum refraction of at least one eye of a test subject (Cho Fig. 6 - S111; para. [0037] - examiner first sets the optical properties of the lens group 70 such as the spherical power, the cylindrical power, and the astigmatic axis angle such that the wearer W can clearly view the target Ob through the lens group 70; para. [0074]);
an optical system configured to project the target with a target refraction into the at least one eye of the test subject after the optimum refraction is provided, wherein the optical system is configured to adjust and vary the target refraction (Cho Fig. 1 - 6; Fig. 3 - 70; para. [0031], [0057]);
a feedback unit configured to detect a test subject action in order to determine that an identifiability of the target for the test subject has changed at a time of the test subject action as a result of varying the target refraction of the target projected into the at least one eye of the test subject with aid of the optical system (Cho Fig. 2 - 51; para. [0058], [0034]);
a visual acuity limiting refraction determination unit configured to detect a visual acuity limiting refraction of the at least one eye of the test subject associated with the predetermined visual acuity (Cho Fig. 6 - S112; para. [0042], [0058], [0075]), wherein the visual acuity limiting refraction determination unit is configured to detect the target refraction caused by the optical system at the time of the test subject action (Cho Fig. 6 - S112; para. [0058]); and
an evaluation unit configured to calculate a false refraction (Cho Fig. 7 - 106; Fig. 8; para. [0042], [0058]-[0060]) representing a deviation between the target refraction applied during projection of the target and the optimum refraction (Cho para. [0042], [0058]-[0060]), and determine the sensitivity based on the calculated false refraction (Cho Fig. 7 - 106; Fig. 8; para. [0042], [0058]-[0060], [0081]).
While Cho provides an optimum refraction (e.g. lens setting via phoropter (70) to see clearly), Cho doesn’t specify the optimum refraction is determined from an objective/subjective measurement unit.
In the same field of endeavor Marin teaches a method of determining a sensitivity of an eye wherein an optimum refraction is determined using objective or subjective refraction measurement (Marin para. [0001], [0340] - The test protocol usually starts with a predetermined value of the optical feature, for example the optical feature of the previous visual correction equipment or an objective value determined with an autorefractometer; para. [0330]-[0336]). It would have been obvious to provide the optimum refraction (e.g. Cho’s starting refraction where the user sees thing clearly) by objective and/or subjective measurement unit since, as taught by Marin, such objective/subjective refraction is well known in the art for the purpose of beginning the test protocol (Marin para. [0340]).
As to claim 16, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 15, and Cho further teaches the evaluation unit is configured to determine the sensitivity of the at least one eye of the test subject based on at least two provided pairs of values for visual acuity and refraction (Cho Fig. 6 - S112; para. [0042], [0058], [0075]), and wherein the visual acuity limiting refraction determination unit is a component of the evaluation unit (Cho Figs. 2, 7).
Claim 9, 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cho and Marin as applied to claims 1 and 15 above, and further in view of Lai et al. (US 2005/0174535 - Lai; of record).
As to claim 9, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, but doesn’t specify determining a visual acuity limiting refraction comprises measuring an accommodation state and/or pupil size of the at least one eye of the test subject.
In the same field of endeavor Lai teaches an ophthalmic method measuring the accommodation state and/or pupil size of one eye of a test subject (Lai para. [0017], [0097]; Fig. 3 - 44; para. [0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to measure the accommodation state since, as taught by Lai, such measurement allows for quantifying the accommodation of the subject/patient to improve the patient’s vision and prescription (Lai para. [0017], [0097]).
As to claim 17, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 1, but doesn’t specify an auto-refractometric or aberrometric measuring unit configured to determine one or more objective refractions of the at least one eye of the subject, the autorefractor or aberrometer is configured to measure the accommodation state of the eye of the test subject.
In the same field of endeavor Lai teaches an autorefractor or aberrometer method measuring the accommodation state of one eye of a test subject (Lai para. [0017], [0097]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to measure the accommodation state since, as taught by Lai, such measurement allows for quantifying the accommodation of the subject/patient to improve the patient’s vision and prescription (Lai para. [0017], [0097]).
As to claim 18, Cho in view of Marin teaches all the limitations of the instant invention as detailed above with respect to claim 15, but doesn’t teach a pupil size measuring unit or pupillometer device.
In the same field of endeavor Lai teaches a pupil size measuring unit configured to determine a pupil size of the at least one eye (Lai Fig. 3 - 44; para. [0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such pupil measuring unit since, as taught by Lai, such units and devices are well known in the art for the purpose of controlling and monitoring the pupil size (Lai Fig. 3 - 44; para. [0052]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Cho (US 11,428,953; 20190271859) is cited as an additional example of eye sensitivity determination and subsequent ophthalmic lens calculation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY W WILKES whose telephone number is (571)270-7540. The examiner can normally be reached M-F 8-4 (Pacific).
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.
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/ZACHARY W WILKES/Primary Examiner, Art Unit 2872 March 31, 2026
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