DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed on 8/21/2024 is accepted.
Information Disclosure Statement
3. The prior art documents submitted by application in the Information Disclosure Statement filed on 11/21/2024 and 2/27/2024 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 102
4. 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nidek KK (JP 2009 034451 A) (applicant provide).
Regarding claim 1, Nidek KK discloses (refer to figures 1) an optical characteristic display device (1) (figure 1 and paragraph 011) comprising: an aberration acquiring unit configured to acquire an intraocular aberration, a cornea aberration (10, paragraph 014), and an internal aberration of a patient's eye into which an intraocular lens is inserted (35 in figure 1 paragraph 16); a display controlling unit configured to display an optical characteristic of the patient's eye (30 in figure 1 and paragraph 11-12 ) on a monitor based (50 in figure 1, 11-12) at least on the intraocular aberration and the internal aberration among the intraocular aberration, the cornea aberration, and the internal aberration acquired by the aberration acquiring unit(paragraph 27-28); a first operating unit configured to receive a changing operation, the changing operation changing only one or more parameters of the internal aberration within the patient's eye (paragraph 53,56,58 and 63); an internal aberration predicting unit configured to predict the internal aberration after the parameter is changed in accordance with the changing operation on the first operating unit (paragraph 58) and a re-calculating unit configured to re-calculate the intraocular aberration based on the internal aberration predicted by the internal aberration predicting unit and the cornea aberration acquired by the aberration acquiring unit (paragraph 61), wherein the display controlling unit updates the optical characteristic to be displayed on the monitor based on the internal aberration predicted by the internal aberration predicting unit and the intraocular aberration re-calculated by the re-calculating unit (paragraph 64 and 74).
Regarding claim 2, Nidek KK discloses (refer to figures 1) wherein, in addition to the optical characteristic, the display controlling unit displays an operation icon on the monitor, the operation icon representing the first operating unit (paragraph 52-53).
Regarding claim 3, Nidek KK discloses (refer to figures 1) wherein, every time an operation for changing the parameter is repeated in the first operating unit, prediction of the internal aberration by the internal aberration predicting unit, re-calculation of the intraocular aberration by the re-calculating unit, and update processing by the display controlling unit are repeated(paragraph 56 and 62-66).
Regarding claim 4, Nidek KK discloses (refer to figures 1) comprising: a second operating unit configured to receive an optimization operation for optimizing the parameter; a repetition controlling unit configured to, when the optimization operation is received by the second operating unit, repeat the prediction of the internal aberration by the internal aberration predicting unit and the re-calculation of the intraocular aberration of the re-calculating unit by changing the parameter; an evaluation value calculating unit configured to calculate, for the parameter, an evaluation value being an index of the optimization of the parameter based on the intraocular aberration resulting from the re-calculation for the parameter by the re-calculating unit; and an optimum value determining unit configured to determine an optimum value for the parameter based on a calculation result for the evaluation value for the parameter by the evaluation value calculating unit.
Regarding claim 5, Nidek KK discloses wherein the evaluation value is a modulation transfer function or a Strehl definition (as shown in figure 1).
Regarding claim 6, Nidek KK discloses (refer to figures 1) wherein the display controlling unit selects the internal aberration and the intraocular aberration corresponding to the optimum value determined by the optimum value determining unit from among the internal aberration and the intraocular aberration for the parameter and updates the optical characteristic to be displayed on the monitor based on the internal aberration and the intraocular aberration corresponding to the optimum value (paragraph 56 and 62-66).
Regarding claim 7, Nidek KK discloses (refer to figures 1) wherein the display controlling unit displays a value of the parameter on the monitor and changes a display aspect of the value of the parameter to be displayed on the monitor before and after the changing operation in the first operating unit (paragraph 56 and 62-66).
Regarding claim 8, Nidek KK discloses, wherein the aberration acquiring unit includes: a first image-capturing system configured to capture a Hartmann image of the patient's eye; an intraocular aberration calculating unit configured to calculate the intraocular aberration based on the Hartmann image captured by the first image-capturing system; a second image-capturing system configured to capture an anterior eye part image of the patient's eye onto which light in a predetermined pattern is projected; a cornea aberration calculating unit configured to calculate the cornea aberration based on the anterior eye part image captured by the second image-capturing system; and an internal aberration calculating unit configured to calculate the internal aberration based on a calculation result for the intraocular aberration by the intraocular aberration calculating unit and a calculation result for the cornea aberration by the cornea aberration calculating unit (paragraph 14).
Regarding claim 9, comprising: a first storing unit configured to store the intraocular aberration, the cornea aberration, and the internal aberration that are measured in advance, wherein the aberration acquiring unit acquires the intraocular aberration, the cornea aberration, and the internal aberration from the first storing unit.
Regarding claim 10, comprising: a second storing unit configured to store information that is required for calculating the intraocular aberration, the cornea aberration, and the internal aberration of the patient's eye, including the Hartmann image of the patient's eye and the anterior eye part image of the patient's eye onto which light in the predetermined pattern is projected, wherein the aberration acquiring unit includes: an intraocular aberration calculating unit configured to calculate the intraocular aberration based on the information stored in the second storing unit; a cornea aberration calculating unit configured to calculate the cornea aberration based on the information stored in the second storing unit; and an internal aberration calculating unit configured to calculate the internal aberration based on the information stored in the second storing unit.
Regarding claim 11, wherein the parameter includes at least any one of an axis angle, a diopter, and a position of the intraocular lens.
Regarding claim 12, , Nidek KK discloses (refer to figure 1) an optical characteristic display method (1) (figure 1 and paragraph 011) comprising: an aberration acquiring step of acquiring an intraocular aberration, a cornea aberration(10, paragraph 014), and an internal aberration that are an intraocular aberration, a cornea aberration, and an internal aberration of a patient's eye into which an intraocular lens is inserted and that are expressed by a function (35) ; a display controlling step of displaying an optical characteristic of the patient's eye (30,figure 1) on a monitor based at least on the intraocular aberration and the internal aberration among the intraocular aberration, the cornea aberration, and the internal aberration acquired by the aberration acquiring step (paragraph 27-28); an operating step of receiving a changing operation, the changing operation only changing a parameter of the internal aberration within the patient's eye; a predicting step of predicting the internal aberration after the parameter is changed in accordance with the changing operation in the operating step; a re-calculating step of re-calculating the intraocular aberration based on the internal aberration predicted by the predicting step and the cornea aberration acquired by the aberration acquiring step (paragraph 61); and an updating step of updating the optical characteristic to be displayed on the monitor based on the internal aberration predicted by the predicting step and the intraocular aberration resulting from the re-calculation processing by the re-calculating step ( see paragraph 64 and 74) .
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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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.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 6/7/2026