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 statements filed on July 19, 2024, October 16, 2024, and April 30, 2025 have been considered.
Specification
The disclosure is objected to because of the following informalities:
[0040] “… step c) my be performend during step a)…” should read “… step c) may be performed during step a)…”
[0056] “…the third spatial frequency mnay differ from the first direction…” should read “… the third spatial frequency may differ from the first direction…”
Appropriate correction is required.
Claim Objections
Claims 1, 6, and 9-10 are objected to because of the following informalities:
Claim 1 line 30 “… of the person.” should end in a comma and read “… of the person,”
Claim 6 line 2 “…the transition…” should read “…a transition…”
Claim 9 line 1 “A computer program comprising…” should read “A non-transitory computer readable storage medium comprising…”
Claim 10 line 4 “the at least one eye of a person” should end in a colon and read “the at least one eye of a person:”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-12 are 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 claims 1, 9, and 10, claims 1, 9, and 10 recite the limitation “wherein the at least one first visual stimulus and the at least one second visual stimulus are different in at least one further visual stimulus parameter…” in the section of the claims. The limitation “at least one further visual stimulus parameter” would seem to indicate that there is another visual stimulus parameter associated with the first and second visual stimuli. However there is no additional visual stimulus parameter in the associated claims and is thus unclear whether an additional visual stimulus parameter is necessary. Furthermore, given that “at least one further visual stimulus parameter” would seem to be associated with another visual stimulus parameter it is unclear if that parameter should be the same or different between the first and second visual stimuli. Therefore, since it unclear whether there should be an additional visual stimulus parameter and the relationship of that potential parameter between the first and second visual stimuli, claims 1, 9, and 10 are rendered indefinite. For the purposes of compact prosecution, Examiner will interpret “at least one further visual stimulus parameter” as “at least one visual stimulus parameter.”
Regarding claim 5, claim 5 recites the limitations "the at least one visual stimulus parameter of the at least one first visual stimulus" in line 2 and “the at least one visual stimulus parameter of the at least one second visual stimulus” in line 4. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear if “the at least one visual stimulus parameter of the at least one first visual stimulus” and “the at least one visual stimulus parameter of the at least one second visual stimulus” is referring to the “the at least one further visual stimulus parameter” of claim 1 or a different visual stimulus parameter given the indefiniteness of claim 1 (see 112(b) of claim 1 above). Therefore claim 5 is rendered indefinite. For the purposes of compact prosecution, Examiner will interpret these limitations as “an at least one visual stimulus parameter of the at least one first visual stimulus” in line 2, and “an at least one visual stimulus parameter of the at least one second visual stimulus” in line 4.
Regarding claim 7, claim 7 recites the limitations "the at least one gaze position…" in line 4, “the at least one line of sight…” in line 5, “the at least one visual stimulus parameter of the at least one first visual stimulus” in line 11, and “the at least one visual stimulus parameter of the at least one second visual stimulus” in line 13. There is insufficient antecedent basis for these limitations in the claim. Furthermore, it is unclear if “the at least one visual stimulus parameter of the at least one first visual stimulus” and “the at least one visual stimulus parameter of the at least one second visual stimulus” is referring to the “the at least one further visual stimulus parameter” of claim 1 or a different visual stimulus parameter given the indefiniteness of claim 1 (see 112(b) of claim 1 above). Therefore claim 7 is rendered indefinite. For the purposes of compact prosecution, Examiner will interpret these limitations as "an at least one gaze position…" in line 4, “an at least one line of sight…” in line 5, “an at least one visual stimulus parameter of the at least one first visual stimulus” in line 11, and “an at least one visual stimulus parameter of the at least one second visual stimulus” in line 13.
Regarding claim 8, claim 8 recites the limitation "the outcome" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of compact prosecution, Examiner will interpret claim 8 as depending from claim 7.
Claims 2-4, 6, and 11-12 inherit indefiniteness from claims 1 and 8.
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 1-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hill et al. (U.S. Patent Application Publication No. 2019/0320962 – cited by Applicant – hereinafter referred to as “Hill”) in view of Qi (U.S. Patent Application Publication No. 2012/0105609 – cited by Applicant).
Regarding claim 1, Hill teaches a computer-implemented method (Figure 4 method 400) for determining at least one visual parameter of at least one eye of a person ([0054] assessment of vision in subjects), the method comprising the following steps:
a) displaying (Figure 4 ACT 402, [0047]) on a screen (Figure 1 display 122) to at least one eye of a person (Figure 1 eye 114) at least one first visual stimulus (Figure 1 visual stimulus 116, [0024]), wherein at least a portion of the at least one first visual stimulus has a first moving spatial location (Figure 1 locations 118 and 120, [0024] visual stimulus 116 moves from location 118 to location 120); and
b) displaying on the screen to the at least one eye of the person at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects), wherein at least a portion of the at least one second visual stimulus has a second moving spatial location ([0028] plurality of objects can move);
wherein the at least one first visual stimulus (Figure 1 visual stimulus 116) and the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects) are displayed at the same time on the screen ([0028] visual stimulus 116 can include a plurality of objects displayed at the same time such as a scene with a plurality of objects) effecting a resulting eye movement depending on the at least one visual parameter (Figure 4 ACT 408 smooth-movement score used to determine limits of the subject’s visual ability);
c) generating tracking data (Figure 4 ACT 404, [0049]) about the resulting eye movement of the at least one eye of the person by using at least one eye-tracking device (Figure 1 eye-tracking monitor 112 used to generate gaze position signal, [0049]); and
d) determining at least one visual parameter ([0051] smooth-movement score vector used to determine limits of the subject’s visual ability) of the at least one eye of the person by comparing the tracking data (Figure 4 ACT 404), the first moving spatial location (Figure 1 visual stimulus 116 move from location 118 to location 120), and the second moving spatial location (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects that can move) with at least one processing device (Figure 1 pursuit detector 106, [0050] pursuit detector 106 calculates smooth-movement vector indicating a relationship between gaze position and location of visual stimulus 116 which may include a plurality of objects);
wherein the at least one first visual stimulus is a pursuit stimulus ([0025] visual stimulus moves along a trajectory) and the at least one second visual stimulus is a pursuit stimulus ([0028] plurality of objects can scroll or otherwise move),
wherein the at least one first visual stimulus (Figure 1 visual stimulus 116) and the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects) move with at least one of a spatial movement direction or a spatial movement speed being different from each other ([0028] objects can scroll at different speeds), such that the at least one first visual stimulus and the at least one second visual stimulus move away from the coinciding position and/or away from one another ([0028] plurality of objects can scroll or otherwise move independent of one another and thus would move away from one another),
wherein the at least one first visual stimulus and the at least one second visual stimulus are different in at least one visual stimulus parameter selected from at least one of: a spatial frequency, a spatial frequency range, or a contrast level (Claim 8 the second visual stimulus having a spatial frequency or a contrast different than the visual stimulus).
Hill fails to teach wherein the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus coincide at a coinciding spatial location, wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location, such that the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus are no longer coinciding,
wherein the coinciding spatial location is a matching spatial location, wherein at the matching spatial location at least a portion of the at least one first visual stimulus covers up at least a portion of the at least one second visual stimulus, or vice versa, such that the covered portion of the at least one second visual stimulus or the covered portion of the at least one first visual stimulus is not perceptible to the at least one eye of the person,
wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location.
However, Qi teaches a method for assessing binocular visual performance (Abstract) wherein the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus coincide at a coinciding spatial location (Figure 5A images 200R and 200L start at the same location), wherein the at least one first visual stimulus and the at least one second visual stimulus move (Figure 5B images 200R and 200L move in direction of arrow A, [0063]), starting from the coinciding spatial location, such that the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus are no longer coinciding (Figure 5B as images 200R and 200L move their spatial location no longer coincides),
wherein the coinciding spatial location is a matching spatial location, wherein at the matching spatial location at least a portion of the at least one first visual stimulus covers up at least a portion of the at least one second visual stimulus (Figure 5A images 200R and 200L overlap), or vice versa, such that the covered portion of the at least one second visual stimulus or the covered portion of the at least one first visual stimulus is not perceptible to the at least one eye of the person (Figure 5A images 200R and 200L overlap),
wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location (Figures 5A and 5B images 200R and 200L move starting from the same spatial location, [0063]).
Qi further teaches display visual stimuli at a coinciding location in order to assess and correct binocular vision performance of both eyes (Abstract, [0050]). 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 method for determining a visual parameter taught by Hill by having the first and second visual stimuli coincide at a spatial location, overlap each other, and move starting from the coinciding spatial location as taught by Qi in order to assess binocular performance of the eyes (Qi Abstract, [0050]).
Regarding claim 2, Hill and Qi teach all the limitations of the claimed invention with respect to claim 1. Hill further teaches the at least one visual parameter of the at least one eye of the person is selected from at least one of a refractive error ([0060] refractive ability) or a visual performance of the at least one eye of the person ([0054] assessment of vision in subjects).
Regarding claim 3, Hill and Qi teach all the limitations of the claimed invention with respect to claim 2. Hill fails to teach the refractive error of the at least one eye of the person is at least one of a value related to:
- a spherical power;
- a cylinder;
- a cylinder axis; or
- an addition.
However, Qi teaches the refractive error of the at least one eye of the person is at least one of a value related to:
- a spherical power ([0050] spherical power);
- a cylinder ([0050] cylindrical power);
- a cylinder axis ([0050] cylindrical axis); or
- an addition.
Qi further teaches measuring these values related to refractive error in order to produce eyeglasses to correct the refractive error ([0050]). 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 method taught by Hill to measure a refractive error value related to a spherical power, a cylinder, or a cylinder axis as taught by Qi in order to produce eyeglasses to correct the refractive error (Qi [0050]) and furthermore these are all common measurements for corrective lenses.
Regarding claim 4, Hill and Qi teach all the limitations of the claimed invention with respect to claim 2. Hill further teaches the visual performance ([0054] assessment of vision in subjects) is selected from at least one of
- a visual acuity ([0032] visual acuity), optionally selected from at least one of:
a near field visual acuity; or
a far field visual acuity;
- a contrast sensitivity ([0003] adjust contrast of stimulus to determine limits of subject’s visual ability);
- a color vision; or
-a visual field.
Regarding claim 5, Hill and Qi teach all the limitations of the claimed invention with respect to claim 1. Hill further teaches an indication ([0065]-[0066] music plays when subject tracks visual stimulus) of at least one of:
- the at least one visual stimulus parameter of the at least one first visual stimulus ([0066] stimulus is made harder or easier to track by adjusting spatial frequency and/or contrast); or
- the at least one visual stimulus parameter of the at least one second visual stimulus;
is requested from the person ([0065]-[0066] subjects ability to track is based on the spatial frequency and/or contrast of the visual stimulus and is provided by the subject in the form of music playing if the subject is able to track the visual stimulus).
Regarding claim 7, Hill and Qi teach all the limitations of the claimed invention with respect to claim 1. Hill further teaches at least one outcome (Figure 4 ACTs 406, 408, and 410) comprises:
- the tracking data (Figure 4 ACT 404, [0049]) about the at least one resulting eye movement, optionally selected from at least one of:
-the at least one gaze position of the at least one eye of the person ([0049] gaze position signal generated); or
-the at least one line of sight of the at least one eye of the person; and
- the first moving spatial location (Figure 1 locations 118 and 120, [0024] visual stimulus 116 moves from location 118 to location 120) and the second moving spatial location ([0028] plurality of objects can move), optionally selected from at least one of:
-the at least one first visual stimulus (Figure 1 visual stimulus 116, [0024]);
-the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects); and
wherein at least one outcome further comprises at least one of:
- the at least one visual stimulus parameter of the at least one first visual stimulus ([0066] adjustment of spatial frequency and/or contrast of visual stimulus); or
- the at least one visual stimulus parameter of the at least one second visual stimulus (Claim 8 second visual stimulus has spatial frequency or contrast different from visual stimulus).
Regarding claim 8, Hill and Qi teaches all the limitations of the claimed invention with respect to claim 7. Hill further teaches determining the visual parameter by analyzing the outcome ([0031] and [0042] visual performance is determined from smooth-movement score vector) is performed by using at least one of:
- an analytical method;
- a regression method;
- a statistical analysis ([0042] binomial test is a statistical test); or
- a machine learning algorithm.
Regarding claim 9, Hill teaches a computer program comprising instructions (Figure 4) which, when the program is executed by a computer (Figure 1 data processing system 102), cause the computer to carry out a computer-implemented method (Figure 4 method 400) for determining at least one visual parameter of at least one eye of a person ([0054] assessment of vision in subjects), the method comprising the following steps:
a) displaying (Figure 4 ACT 402, [0047]) on a screen (Figure 1 display 122) to at least one eye of a person (Figure 1 eye 114) at least one first visual stimulus (Figure 1 visual stimulus 116, [0024]), wherein at least a portion of the at least one first visual stimulus has a first moving spatial location (Figure 1 locations 118 and 120, [0024] visual stimulus 116 moves from location 118 to location 120); and
b) displaying on the screen to the at least one eye of the person at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects), wherein at least a portion of the at least one second visual stimulus has a second moving spatial location ([0028] plurality of objects can move);
wherein the at least one first visual stimulus (Figure 1 visual stimulus 116) and the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects) are displayed at the same time on the screen ([0028] visual stimulus 116 can include a plurality of objects displayed at the same time such as a scene with a plurality of objects) effecting a resulting eye movement depending on the at least one visual parameter (Figure 4 ACT 408 smooth-movement score used to determine limits of the subject’s visual ability);
c) generating tracking data (Figure 4 ACT 404, [0049]) about the resulting eye movement of the at least one eye of the person by using at least one eye-tracking device (Figure 1 eye-tracking monitor 112 used to generate gaze position signal, [0049]); and
d) determining at least one visual parameter ([0051] smooth-movement score vector used to determine limits of the subject’s visual ability) of the at least one eye of the person by comparing the tracking data (Figure 4 ACT 404), the first moving spatial location (Figure 1 visual stimulus 116 move from location 118 to location 120), and the second moving spatial location (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects that can move) with at least one processing device (Figure 1 pursuit detector 106, [0050] pursuit detector 106 calculates smooth-movement vector indicating a relationship between gaze position and location of visual stimulus 116 which may include a plurality of objects);
wherein the at least one first visual stimulus is a pursuit stimulus ([0025] visual stimulus moves along a trajectory) and the at least one second visual stimulus is a pursuit stimulus ([0028] plurality of objects can scroll or otherwise move), wherein the at least one first visual stimulus (Figure 1 visual stimulus 116) and the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects) move with at least one of a spatial movement direction or a spatial movement speed being different from each other ([0028] objects can scroll at different speeds), such that the at least one first visual stimulus and the at least one second visual stimulus move away from the coinciding position and/or away from one another ([0028] plurality of objects can scroll or otherwise move independent of one another and thus would move away from one another),
wherein the at least one first visual stimulus and the at least one second visual stimulus are different in at least one visual stimulus parameter selected from at least one of: a spatial frequency, a spatial frequency range, or a contrast level (Claim 8 the second visual stimulus having a spatial frequency or a contrast different than the visual stimulus).
Hill fails to teach wherein the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus coincide at a coinciding spatial location, wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location, such that the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus are no longer coinciding,
wherein the coinciding spatial location is a matching spatial location, wherein at the matching spatial location at least a portion of the at least one first visual stimulus covers up at least a portion of the at least one second visual stimulus, or vice versa, such that the covered portion of the at least one second visual stimulus or the covered portion of the at least one first visual stimulus is not perceptible to the at least one eye of the person,
wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location.
However, Qi teaches a method for assessing binocular visual performance (Abstract) wherein the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus coincide at a coinciding spatial location (Figure 5A images 200R and 200L start at the same location), wherein the at least one first visual stimulus and the at least one second visual stimulus move (Figure 5B images 200R and 200L move in direction of arrow A, [0063]), starting from the coinciding spatial location, such that the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus are no longer coinciding (Figure 5B as images 200R and 200L move their spatial location no longer coincides),
wherein the coinciding spatial location is a matching spatial location, wherein at the matching spatial location at least a portion of the at least one first visual stimulus covers up at least a portion of the at least one second visual stimulus (Figure 5A images 200R and 200L overlap), or vice versa, such that the covered portion of the at least one second visual stimulus or the covered portion of the at least one first visual stimulus is not perceptible to the at least one eye of the person (Figure 5A images 200R and 200L overlap),
wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location (Figures 5A and 5B images 200R and 200L move starting from the same spatial location, [0063]).
Qi further teaches display visual stimuli at a coinciding location in order to assess and correct binocular vision performance of both eyes (Abstract, [0050]). 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 method for determining a visual parameter taught by Hill by having the first and second visual stimuli coincide at a spatial location, overlap each other, and move starting from the coinciding spatial location as taught by Qi in order to assess binocular performance of the eyes (Qi Abstract, [0050]).
Regarding claim 10, Hill teaches an apparatus (Figure 1) for determining a visual parameter ([0054] assessment of vision in subjects) of at least one eye of a person (Method of Figure 4), the apparatus comprising:
- at least one screen (Figure 1 display 122), wherein the at least one screen is configured for displaying to the at least one eye of a person (Figure 1 display 122 displays to eye 114, [0024]):
- at least one first visual stimulus (Figure 1 visual stimulus 116, [0024]), wherein at least a portion of the at least one first visual stimulus has a first moving spatial location (Figure 1 locations 118 and 120, [0024] visual stimulus 116 moves from location 118 to location 120); and
- at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects), wherein at least a portion of the at least one second visual stimulus has a second moving spatial location ([0028] plurality of objects can move);
-wherein the at least one first visual stimulus (Figure 1 visual stimulus 116) and the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects) are displayed at the same time on the screen ([0028] visual stimulus 116 can include a plurality of objects displayed at the same time such as a scene with a plurality of objects) effecting a resulting eye movement depending on the at least one visual parameter (Figure 4 ACT 408 smooth-movement score used to determine limits of the subject’s visual ability);
- at least one eye-tracking device (Figure 1 eye-tracking monitor 112) used to generate gaze position signal), wherein the at least one eye-tracking device is configured for generating tracking data about the resulting eye movement of the at least one eye of the person ([0049] eye-tracking monitor 112 used to generate gaze position signal); and
- at least one processing device (Figure 1 pursuit detector 106), wherein the at least one processing device is configured for determining at least one visual parameter of the at least one eye of the person by comparing the tracking data, the first moving spatial location and the second moving spatial location ([0050] pursuit detector 106 calculates smooth-movement vector indicating a relationship between gaze position and location of visual stimulus 116 which may include a plurality of objects),
wherein the at least one first visual stimulus is a pursuit stimulus ([0025] visual stimulus moves along a trajectory) and the at least one second visual stimulus is a pursuit stimulus ([0028] plurality of objects can scroll or otherwise move), wherein the at least one first visual stimulus (Figure 1 visual stimulus 116) and the at least one second visual stimulus (Claim 8 second visual stimulus, [0028] visual stimulus 116 can include a plurality of objects) move with at least one of a spatial movement direction or a spatial movement speed being different from each other ([0028] objects can scroll at different speeds), such that the at least one first visual stimulus and the at least one second visual stimulus move away from the coinciding position and/or away from one another ([0028] plurality of objects can scroll or otherwise move independent of one another and thus would move away from one another),
wherein the at least one first visual stimulus and the at least one second visual stimulus are different in at least one visual stimulus parameter selected from at least one of: a spatial frequency, a spatial frequency range, or a contrast level (Claim 8 the second visual stimulus having a spatial frequency or a contrast different than the visual stimulus).
Hill fails to teach wherein the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus coincide at a coinciding spatial location, wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location, such that the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus are no longer coinciding,
wherein the coinciding spatial location is a matching spatial location, wherein at the matching spatial location at least a portion of the at least one first visual stimulus covers up at least a portion of the at least one second visual stimulus, or vice versa, such that the covered portion of the at least one second visual stimulus or the covered portion of the at least one first visual stimulus is not perceptible to the at least one eye of the person,
wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location.
However, Qi teaches a method for assessing binocular visual performance (Abstract) wherein the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus coincide at a coinciding spatial location (Figure 5A images 200R and 200L start at the same location), wherein the at least one first visual stimulus and the at least one second visual stimulus move (Figure 5B images 200R and 200L move in direction of arrow A, [0063]), starting from the coinciding spatial location, such that the spatial location of the at least one first visual stimulus and the spatial location of the at least one second visual stimulus are no longer coinciding (Figure 5B as images 200R and 200L move their spatial location no longer coincides),
wherein the coinciding spatial location is a matching spatial location, wherein at the matching spatial location at least a portion of the at least one first visual stimulus covers up at least a portion of the at least one second visual stimulus (Figure 5A images 200R and 200L overlap), or vice versa, such that the covered portion of the at least one second visual stimulus or the covered portion of the at least one first visual stimulus is not perceptible to the at least one eye of the person (Figure 5A images 200R and 200L overlap),
wherein the at least one first visual stimulus and the at least one second visual stimulus move, starting from the coinciding spatial location (Figures 5A and 5B images 200R and 200L move starting from the same spatial location, [0063]).
Qi further teaches display visual stimuli at a coinciding location in order to assess and correct binocular vision performance of both eyes (Abstract, [0050]). 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 apparatus for determining a visual parameter taught by Hill by having the first and second visual stimuli coincide at a spatial location, overlap each other, and move starting from the coinciding spatial location as taught by Qi in order to assess binocular performance of the eyes (Qi Abstract, [0050]).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hill et al. (U.S. Patent Application Publication No. 2019/0320962) in view of Qi (U.S. Patent Application Publication No. 2012/0105609) as applied to claim 8 above, and in further view of Groth et al. (Groth, Detlef et al. Computation Toxicology, Chapter 22 Principal Components Analysis, pp 527-547 – hereinafter referred to as “Groth”).
Regarding claim 11, Hill and Qi teach all the limitations of the claimed invention with respect to claim 8. Hill and Qi fail to teach the statistical analysis is a Multivariate statistic analysis. However, Groth teaches methods of statistical analysis (Abstract) and multivariate statistical analysis (Abstract multivariate data analysis) as a statistical method to analyze large number of variables (Abstract). 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 method taught by Hill and Qi by using multivariate statistic analysis as taught by Groth in order to analyze a large number of variables generated from the method and multivariate statistic analysis is a well-known form of statistical analysis.
Regarding claim 12, Hill, Qi, and Groth teach all the limitations of the claimed invention with respect to claim 11. Hill and Qi fail to teach the Multivariate statistic analysis is a Principle Component Analysis. However, Groth teaches principle component analysis as a method to reduce the number of dimensions while retaining as much of the variation in the data (Abstract) and provide an overview of the most important variables that contribute to variation (Introduction). 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 method taught by Hill and Qi to use principle component analysis as taught by Groth in order to reduce the number of dimensions of the data and provide information about the most important variables that contribute to similarities and differences between datasets (Groth Introduction) and principle component analysis is a well-known form of multivariate statistical analysis.
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, Hill and Qi teaches all the limitations of the claimed invention with respect to claim 1. Hill and Qi fail to teach or reasonably suggest, alone or in combination “the at least one first visual stimulus or the at least one second visual stimulus performs the transition from a pursuit stimulus to an optokinetic nystagmus stimulus; or vice versa, wherein at least one of: the at least one first visual stimulus; or the at least one second visual stimulus remains the pursuit stimulus” (Hill teaches assessing pursuit stimuli (Figure 1) and optokinetic nystagmus stimuli (Figure 6) separately but provides no indication for or reason to transition from a pursuit stimulus to a optokinetic stimulus) in combination with the intervening limitations of the claims. Moreover, modifying the system to satisfy such a condition would not have been obvious to one having ordinary skill in the art at the time the invention was filed.
As such, the prior art of record, taken alone or in combination, fails to teach the cumulative details of claim 6, specifically the limitation: “the at least one first visual stimulus or the at least one second visual stimulus performs the transition from a pursuit stimulus to an optokinetic nystagmus stimulus; or vice versa, wherein at least one of: the at least one first visual stimulus; or the at least one second visual stimulus remains the pursuit stimulus”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brügger et al. (U.S. Patent Application Publication No. 2024/0315548) teaches a method for evaluating visual acuity using eye tracking on pursuit stimuli and evaluating saccades.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX PARK RICKEL whose telephone number is (703)756-4561. The examiner can normally be reached Monday-Friday 8:30 a.m. - 6 p.m. ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571)272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Alex Rickel
Examiner
Art Unit 2872
/A.P.R./Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
Prosecution Insights