DETAILED ACTION
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.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/13/25 comply with provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statements.
Claim Rejections - 35 USC § 103
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Leung et al. (US 20170273552) in view of Flink et al. (US 11,684,256).
Regarding claim 1, Leung teaches a method of implementing a virtual vision test for evaluating response time in detecting subtle visual changes under varying light conditions (¶7, a process for visual disability detection may include generating a virtual reality simulation … simulates a real life activity that tests visual responses of the user), comprising, at an electronic device including a head-mounted display (fig. 2, HMD 210; ¶26, HMD 210 can be stereoscopic head-mounted display … and a display 214) and a camera (¶30, camera), generating a virtual reality (VR) user interface corresponding to a photorealistic virtual environment (shown in fig. 5 and fig. 6, screen captures from a virtual reality simulation in daylight / nighttime; ¶7, a virtual reality simulation in a virtual reality environment with virtual reality objects, note: depicting realistic daily scenes (supermarket, city streets, stairs) rendered with photorealistic screen captures); rendering the VR user interface on the HMD (fig. 7, block 704, virtual reality simulation is displayed on head-mounted display); Simulating one or more dynamic lighting scenarios in the VR user interface (¶35, the virtual reality simulation can be administered in different brightness and contrast levels, simulating different lighting conditions; claim 3, adjusting of a brightness level of the virtual reality simulation and a contrast level on the virtual reality environment being displayed on the head-mounted display to simulate different lighting conditions). Leung does not specifically teach while simulating the one or more dynamic lighting scenarios, in real time, continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios; and evaluating detection of subtle visual changes based on the eye movements. However, in a similar field of endeavor, Flink teaches a method of implementing a virtual vision test for evaluating response time in detecting subtle visual changes under varying light conditions comprising, while simulating the one or more dynamic lighting scenarios, in real time, continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios (col. 6, lines 55-65, monocular eye/gaze tracking for eye being tested is turned ON, and stays ON for the entire test; claim 18; col. 2, lines 40-55, at least one sensor for tracking eye movement of the subject in response to each of the individual visual stimuli and generating data indicative of the tracked eye movement, and tracking that stays ON for the entire test); and evaluating detection of subtle visual changes based on the eye movements (col. 10, lines 60-65, stimulus size and brightness may help determine the threshold of contrast sensitivity … at the particular location of the light stimulus; claim 7; col. 4, lines 1-10, analyzing tracked eye movement to extract “visual detection … response time … object perception, shape perception, texture perception, flicker frequency perception,” including detection of col. 9, lines 15-25, “point-like light stimuli” whose parameters (size, brightness, color, contrast) are varied to probe subtle-detection thresholds). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the method of Leung with while simulating the one or more dynamic lighting scenarios, in real time, continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios; and evaluating detection of subtle visual changes based on the eye movements of Flink, for the purpose of more accurately capturing problem locations (col. 2, lines 25-35).
Regarding claim 2, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein simulating the one or more dynamic visual scenarios comprises generating and controlling subtle changes in visual field, including slight alterations in color, shape or movement (claim 7, wherein analyzing the data indicative of eye movement comprises extracting one or more observables selected from the group consisting of visual detection, gaze trajectory, response time, visual acuity, ability to fixate, overshoot/undershoot, saccadic movement, micro-saccadic movement, field of view, quality of the subject's central vision, quality of the subject's peripheral vision, eye coordination, strabismus, color vision, contrast sensitivity, object perception, shape perception, texture perception, flicker frequency perception and combinations thereof; VORP Procedure step (9) Then the VORP testing procedure commences as follows: depending on where the patient eye focus is currently with respect to the boundaries of the tested area in the VR headset, one of the eccentricities (or closest approximation thereof) of the generated list/map that is (a) feasible with respect to the test area boundaries and (b) not yet tested for, is stimulated with a light stimulus of fixed, predefined or variable size, brightness, color, texture, and shape for a certain fixed, predefined or variable time. In addition, the stimulus may have a certain fixed, predefined or variable flicker frequency, or it could alternate between two or more colors and/or textures. VORP is an opportunistic testing procedure, meaning that wherever the current eye focus is NOT, is the preferred area to place the next light stimulus to see whether the patient can notice that light stimulus at that eccentricity with respect to where his current focus is. In addition, repeat testing of prior tested eccentricities and/or locations can occur with VORP in order to map out the boundaries and/or extents of defects, e.g., visual field defects or scotomas. Note: Movement is disclosed via gaze-trajectory tracking of moving/repositioned stimuli). Motivation to combine same as in claim 1.
Regarding claim 3, Leung in view of Flink teaches the invention as set forth above and Leung further teaches wherein the one or more dynamic visual scenarios comprises one or more scenarios for identifying slight changes in color hue or brightness in a specific part of a visual field, including using color gradients that change slowly and subtly, requiring a user to respond when they detect the change (claim 3, adjusting of a brightness level of the virtual reality simulation and a contrast level on the virtual reality environment being displayed on the head-mounted display to simulate different lighting conditions; note brightness/contrast adjustment operates on continuous scale to simulate different lighting conditions)
Regarding claim 4, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein the one or more dynamic visual scenarios comprises one or more scenarios for detecting minor alterations in the shape of objects including slight deformation of a geometric figure, including displaying objects that gradually morph in shape, prompting users to identify the change (col. 11, lines 10-15, Stimulus Parameters; Stimulus shape may help identify metamorphopsia, e.g., distortions in the visual field, and stimulus shape is listed as a variable fixed, predefined, or variable-over-time parameter). Motivation to combine same as in claim 1.
Regarding claim 5, Leung in view of Flink teaches the invention as set forth above and Leung further teaches wherein the one or more dynamic visual scenarios comprises one or more scenarios for identifying subtle movements within a stationary visual scene, including a slight shift in the position of an object, including implementing background scenes where certain elements move minimally, requiring users to pinpoint these movements (claim 4, wherein the virtual reality objects include one or more stationary objects, or one or more dynamic objects that are moving.),
Regarding claim 6, Leung in view of Flink teaches the invention as set forth above and Leung further teaches wherein the one or more dynamic visual scenarios comprises lighting environments with dim lighting that simulate low-light environments (fig. 6 and 11, nighttime simulation). Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have the dim lighting that simulate low-light environments with brightness levels around 10 cd/m2, since it have been held that discovering an optimum value of a result effective variable involves only routine skill in the art. One would have been motivated to have dim lighting that simulate low-light environments with brightness levels around 10 cd/m2, for the purpose of accurately replicating real-world low-light (night time) viewing conditions within the VR simulation, so that a subject’s visual response and detection performance can be objectively tested and measured under conditions comparable to actual nighttime or dim-light environments, thereby improving the clinical relevance and reliability of the vision test results.
Regarding claim 7, Leung in view of Flink teaches the invention as set forth above and Leung further teaches wherein the one or more dynamic visual scenarios comprises lighting environments with bright lighting that simulate environments with high brightness (fig. 5, daylight simulations, high brightness VR environment). Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have lighting environments with bright lighting that simulate environments with high brightness around 1000 cd/m2, since it have been held that discovering an optimum value of a result effective variable involves only routine skill in the art. One would have been motivated to have lighting environments with bright lighting that simulate environments with high brightness around 1000 cd/m2, for the purpose of accurately replicating real-world bright daylight viewing conditions within the VR simulation, so that a subject’s visual response and detection performance can be objectively tested and measured under conditions comparable to actual daytime or high-brightness environments, thereby improving the clinical relevance and reliability of the vision test results.
Regarding claim 8, Leung in view of Flink teaches the invention as set forth above and Leung further teaches wherein the one or more dynamic visual scenarios comprises lighting environments with fluctuating light levels including dynamic changes in lighting, transitioning between dim and bright environments (¶35, the virtual reality simulation can be administered in different brightness and contrast levels, note: across daylight and nighttime sequences within the same test protocol (fig. 5, 6, 11) i.e., dynamically changing lighting during testing). Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the dynamic visual scenarios comprises lighting environments with fluctuating light levels including dynamic changes in lighting, transitioning between dim and bright environments over 5 to 30 seconds, since it has been held that discovering an optimum value of result-effective variable involves only routine skill in the art. One would have been motivated to have transition occur over 5 to 30 seconds for the purpose of pacing the lighting adaptation test at a rate that allows the subject’s visual system sufficient time to adjust to the changing light levels while still permitting the test to objectively measure the subject’s response time and detection accuracy during the transition thereby improving the clinical relevance and reliability of the vision test results.
Regarding clam 9, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein the one or more dynamic lighting scenarios comprise subtle visual changes including color changes for gradual shifts in hue or saturation, requiring quick detection, shape changes for minor alterations in geometric chapes or object outlines, and slight, almost imperceptible movements within a scene (discloses all three categories as stimulus variables (color, shape, flicker/texture) plus explicit response time/reaction speed measurement: col. 10, lines 60-68; Stimulus duration may help determine overall alertness of the patient (e.g., determining fatigue in sleep apnea patients, equipment or machinery operators, employees working extended shifts) and reaction speed of the patient). Motivation to combine same as in claim 1.
Regarding claim 10, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein simulating the one or more dynamic lighting scenarios comprises using a library of lighting conditions that categorizes scenarios by (i) a type of visual change including color, shape and movement, and (ii) lighting environment including dim, bright and fluctuating (col. 9, lines 55-68 and col. 10, lines 1-10, Detailed VORP Procedure (1) In an instantiation, generate a rectangular or concentric list/map of eccentricities to be tested. In the case of VORP, e.g., planar polar coordinates, i.e., radius and angle, are an ideal choice. (2) This list/map can be user-defined or computer-generated or randomly generated or opportunistically generated in a dynamic fashion (i.e., in real time during the test). (3) If the map/list is user-defined it can be interactively generated, uploaded via an external file, or communicated through another computer module, or any other means for computer system communication known in the art. Initially a simple configuration file can be used. Eventually, however, the map/list could be dynamically generated and communicated through another computer module that sits on board the VR HMD. For starters, this module would be a simple configuration file; and claim 3 as in combination with Leung). Motivation to combine same as in claim 1.
Regarding claim 11, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein the library of lighting conditions further categorizes each scenario by a level of difficulty based on subtlety of changes and speed required for detecting subtle changes in color gradients for color detection, minor deformations of geometric figures for shape alterations, and slight shifts in object positions for movement detection (col. 10, lines 60-65, Stimulus size and brightness may help determine the threshold of contrast sensitivity of the retina at the particular location of the light stimulus. note: stimulus size, brightness, contrast, and duration are used to set detection “threshold,” directly enabling difficulty grading; opportunistic algorithm adaptively selects harder/easier stimulus placements based on subject performance). Motivation to combine same as in claim 1.
Regarding claim 12, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein tracking the eye movements comprises using infrared eye-tracking sensors to capture detailed eye movements, including fixations, saccades, and blinks (col. 9, lines 5-15, (31) A VR HMD (head mounted display) or equivalent with usually two video feeds, i.e., one for the left eye and one for the right eye, is used. The VR HMD is equipped with real-time eye tracking (preferably 60 Hz or more) for the left and right eye, respectively. For example, useful specifications are: infrared eye tracking system×2, tracking accuracy of less than 1 degree, frame rate of 120 fps.). Motivation to combine same as in claim 1.
Regarding claim 13, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein tracking eye movements comprises using at least 0.1 mm precision for measuring eye movements (col. 9, lines 5-15, (31) A VR HMD (head mounted display) or equivalent with usually two video feeds, i.e., one for the left eye and one for the right eye, is used. The VR HMD is equipped with real-time eye tracking (preferably 60 Hz or more) for the left and right eye, respectively. For example, useful specifications are: infrared eye tracking system×2, tracking accuracy of less than 1 degree, frame rate of 120 fps.). Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the eye-tracking precision be at least 0.1 mm for measuring eye movements, since it has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. One would have been motivated to have at least 0.1 mm precision for the purpose of ensuring the eye-tracking system can reliably distinguish and register the small-magnitude eye movements characteristic of a subject detecting subtle visual changes, so that the detection response can be accurately captured and correlated with the corresponding stimulus, thereby improving the sensitivity and reliability of the vision test results. Motivation to combine same as in claim 1.
Regarding claim 14, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein tracking eye movements is performed with a latency below 5 milliseconds to ensure real-time tracking (col. 9, lines 5-15, (31) A VR HMD (head mounted display) or equivalent with usually two video feeds, i.e., one for the left eye and one for the right eye, is used. The VR HMD is equipped with real-time eye tracking (preferably 60 Hz or more) for the left and right eye, respectively. For example, useful specifications are: infrared eye tracking system×2, tracking accuracy of less than 1 degree, frame rate of 120 fps.). Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the eye-tracking latency be below 5 milliseconds, since it has been held that discovering an optimum value of a result-effective variable involves only routine skill in the art. One would have been motivated to have latency below 5 milliseconds for the purpose of ensuring the eye-tracking system can register the subject’s detection response essentially concurrently with the presentation of the visual stimulus, so that the measured response time accurately reflects the subject’s true perceptual and reaction speed rather than being confounded by system delay thereby improving the precision and reliability of the real-time vision test results. Motivation to combine same as in claim 1.
Regarding claim 15, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein tracking eye movements comprises using high-resolution sensors for capturing detailed images of the pupil and eye movement data (col. 9, lines 5-15, (31) A VR HMD (head mounted display) or equivalent with usually two video feeds, i.e., one for the left eye and one for the right eye, is used. The VR HMD is equipped with real-time eye tracking (preferably 60 Hz or more) for the left and right eye, respectively. For example, useful specifications are: infrared eye tracking system×2, tracking accuracy of less than 1 degree, frame rate of 120 fps; col. 8, lines 10-30, FIG. 2 is an example of a corrected examination log (i.e., log of the examination) plot showing a compilation of VORP test data. The plot area represents the visual field of a subject with the horizontal range on the x-axis and the vertical range on the y-axis. “X” marks indicate the positions of the visual stimuli presented to the subject over the course of the test. The visual stimuli were presented to the subject individually (i.e., one at a time) with the prior stimulus removed before a subsequent stimulus was presented. The lines show the subject's gaze trajectory toward each stimulus in response to that stimulus. FIG. 3 is an example of an individual visual stimulus of FIG. 2 and corresponding gaze trajectory data in response to that visual stimulus.). Motivation to combine same as in claim 1.
Regarding claim 16, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein evaluating response times comprises mapping the response times to specific visual stimuli presented in the photorealistic virtual environment, correlating eye movement data with the appearance of visual changes (fig. 1, Flowchart steps 108-120; col. 9, lines 5-15, (31) A VR HMD (head mounted display) or equivalent with usually two video feeds, i.e., one for the left eye and one for the right eye, is used. The VR HMD is equipped with real-time eye tracking (preferably 60 Hz or more) for the left and right eye, respectively. For example, useful specifications are: infrared eye tracking system×2, tracking accuracy of less than 1 degree, frame rate of 120 fps; col. 8, lines 10-30, FIG. 2 is an example of a corrected examination log (i.e., log of the examination) plot showing a compilation of VORP test data. The plot area represents the visual field of a subject with the horizontal range on the x-axis and the vertical range on the y-axis. “X” marks indicate the positions of the visual stimuli presented to the subject over the course of the test. The visual stimuli were presented to the subject individually (i.e., one at a time) with the prior stimulus removed before a subsequent stimulus was presented. The lines show the subject's gaze trajectory toward each stimulus in response to that stimulus. FIG. 3 is an example of an individual visual stimulus of FIG. 2 and corresponding gaze trajectory data in response to that visual stimulus. note: eye/gaze tracking data associated with the subject’s response to the visual stimulus are evaluated (step 114) for each individually presented, timestamped stimulus; fig. 3 shows an individual visual stimulus … and corresponding gaze trajectory data in response to that visual stimulus). Motivation to combine same as in claim 1.
Regarding claim 17, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein evaluating response times comprises mapping the eye movements to visual perception and cognitive processing speed (claim 7, wherein analyzing the data indicative of eye movement comprises extracting one or more observables selected from the group consisting of visual detection, gaze trajectory, response time, visual acuity, ability to fixate, overshoot/undershoot, saccadic movement, micro-saccadic movement, field of view, quality of the subject's central vision, quality of the subject's peripheral vision, eye coordination, strabismus, color vision, contrast sensitivity, object perception, shape perception, texture perception, flicker frequency perception and combinations thereof.). Motivation to combine same as in claim 1.
Regarding claim 18, Leung in view of Flink teaches the invention as set forth above and Flink further teaches wherein evaluating response times comprises measuring latency including calculating time taken from the presentation of a visual change to the user’s detection as indicated by an eye movement or a press of a button. (col. 9, lines 20-30, the subject is NOT required to maintain fixation throughout the entire test exam, nor is the subject required to push a button or provide verbal feedback ; claim 7, wherein analyzing the data indicative of eye movement comprises extracting one or more observables selected from the group consisting of visual detection, gaze trajectory, response time, visual acuity, ability to fixate, overshoot/undershoot, saccadic movement, micro-saccadic movement, field of view, quality of the subject's central vision, quality of the subject's peripheral vision, eye coordination, strabismus, color vision, contrast sensitivity, object perception, shape perception, texture perception, flicker frequency perception and combinations thereof.). Motivation to combine same as in claim 1.
Regarding claim 19, Leung teaches a non-transitory computer readable storage medium, storing one or more programs for execution by one or more processors (fig. 7; ¶41, process 700 can be implemented as computer readable code as part of a computer program, and can be embodiment in a non-transitory computer readable medium.) of a computer system, the one or more programs including instructions for generating a virtual reality (VR) user interface corresponding to a photorealistic virtual environment (¶42, process 700 can be implemented as computer readable code as part of a computer program, and can be embodiment in a non-transitory computer readable medium. Note: photorealistic quality is disclosed “serial screen captures from a virtual reality simulation in daylight for a normal subject and a glaucoma patient.)); rendering the VR user interface on the HMD (fig. 7, block 704, virtual reality simulation is displayed on a head-mounted display); simulating one or more dynamic lighting scenarios in the VR user interface (claim 3, comprising the step of: adjusting of a brightness level of the virtual reality simulation and a contrast level on the virtual reality environment being displayed on the head-mounted display to simulate different lighting conditions.). Leung does not specifically teach while simulating the one or more dynamic lighting scenarios, in real time: continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios; and evaluating detection of subtle visual changes based on the eye movements. However, similar field of endeavor, Fink teaches a non-transitory computer readable storage medium comprising, while simulating the one or more dynamic lighting scenarios, in real time: continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios (claim 18, An apparatus for assessing at least one of an ocular, ophthalmic, neurological, physiological, psychological or behavioral condition comprising: a light-emitting device configured for displaying a series of individual visual stimuli to a subject; at least one sensor for tracking eye movement of the subject in response to each of the individual visual stimuli and generating data indicative of the tracked eye movement; and a processor for (i) analyzing the data indicative of the tracked eye movement; (ii) instructing the light-emitting device to display the individual visual stimuli, wherein at least one stimulus in the series of individual visual stimuli is placed opportunistically; and (iii) assessing the presence, absence, type and/or extent of the ocular, ophthalmic, neurological, physiological, psychological and/or behavioral condition.); and evaluating detection of subtle visual changes based on the eye movements (claim 7, wherein analyzing the data indicative of eye movement comprises extracting one or more observables selected from the group consisting of visual detection, gaze trajectory, response time, visual acuity, ability to fixate, overshoot/undershoot, saccadic movement, micro-saccadic movement, field of view, quality of the subject's central vision, quality of the subject's peripheral vision, eye coordination, strabismus, color vision, contrast sensitivity, object perception, shape perception, texture perception, flicker frequency perception and combinations thereof.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a non-transitory computer readable storage medium of Leung with while simulating the one or more dynamic lighting scenarios, in real time: continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios; and evaluating detection of subtle visual changes based on the eye movements of Finks, for the purpose of more accurately capturing problem locations (col. 2, lines 25-35).
Regarding claim 20, Leung teaches an electronic device, comprising, an HMD (fig. 2, HMD 210; ¶26, HMD 210 can be stereoscopic head-mounted display … and a display 214) and a camera (¶30, camera); one or more processors; and memory for storing one or more programs for execution by the one or more processors (¶32, Computing device 230 (e.g., computer, smartphone, tablet, gaming console, etc.) may include one or more processors 232 and a memory storing program instructions to compute performance scores 234 and determine visual disability metrics 236), the one or more programs including instructions for: generating a virtual reality (VR) user interface corresponding to a photorealistic virtual environment (¶7, a virtual reality simulation in a virtual reality environment with virtual reality objects, in which the virtual reality simulation simulates a real life activity that tests visual responses of the user; ¶12 FIG. 5 illustrates serial screen captures from a virtual reality simulation at nighttime for a normal subject and a glaucoma patient); rendering the VR user interface on the HMD (fig. 7, virtual reality simulation is displayed on a head mounted display); simulating one or more dynamic lighting scenarios in the VR user interface (claim 3, adjusting of a brightness level of the virtual reality simulation and a contrast level on the virtual reality environment being displayed on the head-mounted display to simulate different lighting conditions.). Leung does not specifically teach while simulating the one or more dynamic lighting scenarios, in real time: continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios; and evaluating detection of subtle visual changes based on the eye movements. However, similar field of endeavor, Fink teaches device comprising, while simulating the one or more dynamic lighting scenarios, in real time: continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios (claim 18, An apparatus for assessing at least one of an ocular, ophthalmic, neurological, physiological, psychological or behavioral condition comprising: a light-emitting device configured for displaying a series of individual visual stimuli to a subject; at least one sensor for tracking eye movement of the subject in response to each of the individual visual stimuli and generating data indicative of the tracked eye movement; and a processor for (i) analyzing the data indicative of the tracked eye movement; (ii) instructing the light-emitting device to display the individual visual stimuli, wherein at least one stimulus in the series of individual visual stimuli is placed opportunistically; and (iii) assessing the presence, absence, type and/or extent of the ocular, ophthalmic, neurological, physiological, psychological and/or behavioral condition.); and evaluating detection of subtle visual changes based on the eye movements (claim 7, wherein analyzing the data indicative of eye movement comprises extracting one or more observables selected from the group consisting of visual detection, gaze trajectory, response time, visual acuity, ability to fixate, overshoot/undershoot, saccadic movement, micro-saccadic movement, field of view, quality of the subject's central vision, quality of the subject's peripheral vision, eye coordination, strabismus, color vision, contrast sensitivity, object perception, shape perception, texture perception, flicker frequency perception and combinations thereof.). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the device of Leung with while simulating the one or more dynamic lighting scenarios, in real time: continuously tracking, using the camera, eye movements in response to visual stimuli presented in the one or more dynamic lighting scenarios; and evaluating detection of subtle visual changes based on the eye movements of Finks, for the purpose of more accurately capturing problem locations (col. 2, lines 25-35).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Alsalka (US 20260038147) teaches a head wearable apparatus comprising potential application in area such as medical simulation,
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY DUONG whose telephone number is (571)270-0534. The examiner can normally be reached Monday-Friday from 9:00 AM to 5:00 PM.
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, Pinping Sun can be reached at (571)270-1284. 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.
/HENRY DUONG/Primary Patent Examiner, Art Unit 2872 07/28/26