DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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.
Claims 1-7 and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cholewiak et al. (hereinafter, "Cholewiak" of record).
Regarding claim 1, Cholewiak discloses a method comprising:
obtaining a pattern for a digital image (The accommodation experiments presented here use a 2d scene composed of a textured plane at different distances. We render these scenes with the 2d ChromaBlur algorithm, which is a physical (wave) optics simulation Incorporating defocus, LCA, and diffraction, page 210:4, section 4.3);
selecting a color channel of the digital image; applying a blur effect lo the color channel that modifies the digital image to have a simulated blur (Given a target retinal image l{R,G,B } (x, y), we compute the image D{R,G,B} (x, y) lo display on the screen. For each color primary, we have a wavelength-dependent blur kernel, K{R, G, B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (**) of the display image with the eye's PSF for each of the three color channels ({R, G, B}); page 4, section 4.3); and
providing anti-myopia visual display therapy to a subject using the modified digital image, wherein the therapy comprises: (i) rendering the modified digital image on a display of a computing device within a visual environment of the subject (The OLP projector delivered images to the projection screen. The color primaries were three LEDs. The subject viewed the stimulus on the projection screen with the left eye, caption of Figure 7; Five naıve subjects (18-29 years) participated. All were female to ensure normal color vision [Sharpe et al. 1999]'. Three were myopic and wore their contact-lens correction during the experiment, page 6, section 6.1.1; ChromaBlur rendering produced consistent accommodative responses that were remarkably similar to those produced by real changes in focal distance, page 7, section 6.2), or (ii) placing the modified digital image within the visual environment of the subject, based on an optimal viewing time.
Regarding claim 2, Cholewiak discloses the method of claim 1, wherein the pattern is a high-contrast pattern of objects on a solid background, which generates multiple black-white edges within the digital image (see Fig.1).
Regarding claim 3, Cholewiak discloses the method of claim 1, wherein the color channel is selected based on a model of structure and function of an eye that demonstrates how a combination of wavelengths of light and optical defocus regulates growth of the eye (Given a target retinal image I{R,G,B}(x, y), we compute the image D{R,G,B} (x, y) to display on the screen: For each color primary, we have a wavelength-dependent blur kernel, K{R,G,B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (**) of the display image with the eye's PSF for each of the three color channels ({R,G, B}), page 4, section 4.3).
Regarding claim 4, Cholewiak discloses the method of claim 3, wherein the color channel selected is a short wavelength channel (Short wavelengths (e.g., blue) are refracted more than long (red), so blue and red images tend to be focused, respectively, in front of and behind the retina , page 3, section 3.2; Fig. 3 shows the variation in intensity across the retina due to an edge that is 1.4D nearer than the eye's current focus (positive defocus). The red, green, and blue curves represent the variation in retinal intensity for the R, G, and B primaries. With the real edge nearer than current focus, blue is sharper than green and red, so a blueish fringe is created, page 4, section 5.1).
Regarding Claim 5, Cholewiak discloses the method of claim 4, wherein the short wavelength channel is the blue channel (Short wavelengths (e.g., blue) are refracted more than long (red), so blue and red images tend to be focused, respectively, in front of and behind the retina, page 3, section 3.2; Fig. 3 shows the variation in Intensity across the retina due to an edge that is 1.4D nearer than the eye's current focus (positive defocus). The red, green, and blue curves represent the variation in retinal intensity for the R, G, and B primaries. With the real edge nearer than current focus, blue is sharper than green and red, so a blueish fringe is created, page 4, section 5.1).
Regarding Claim 6, Cholewiak discloses the method of claim 1, wherein the blur effect is applied to the color channel in a predetermined amount determined based on a viewing distance and/or display or image size to be viewed by the subject (The accommodation experiments presented here use a 2d scene composed of a textured plane at different distances. We render these scenes with the 2d ChromaBlur algorithm, which is a physical (wave) optics simulation incorporating defocus, LCA, and diffraction. Given a target retinal image l{R,G,B} (x, y), we compute the image D{R,G,B} (x, y) to display on the screen. For each color primary, we have a wavelength-dependent blur kernel, K{R,G,B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (** )of the display image with the eye's PSF for each of the three color channels ({R,G, B}): l{R,G,B} (x, y) = D{R,G,B} (x, y) ** K{R,G,B} (x, y). (3) We generated values of D{R,G,B} by varying induced defocus and compared these with the forward-model solution until we found the optimum image to display, page 4, section 4.3).
Regarding claim 7, Cholewiak discloses the method of claim 1, wherein 1he modified digital image is rendered on the display of the computing device in combination with other images unrelated to the therapy (The target retinal images (forward model) were generated in Mitsuba [Jakob 2010] as described in Sec. 4.4. The Conventional images derived from the forward model were also the displayed images for that condition [not related to the myopia therapy], page 9, section 7.1.3).
Regarding Claim 10, Cholewiak discloses a system comprising:
one or more processors; and
a memory coupled to the one or more processors, the memory storing a plurality of instructions executable by the one or more processors, the plurality of instructions comprising instructions that when executed by the one or more processors cause the one or more processors (The 3d algorithm enables application to general graphics systems for rendering complex scenes, page 4, section 4.4) to perform the following operations:
obtaining a pattern for a digital image (The accommodation experiments presented here use a 2d scene composed of a textured plane at different distances. We render these scenes with the 2d ChromaBlur algorithm, which is a physical (wave) optics simulation Incorporating defocus, LCA, and diffraction, page 210:4, section 4.3);
selecting a color channel of the digital image; applying a blur effect lo the color channel that modifies the digital image to have a simulated blur (Given a target retinal image l{R,G,B } (x, y), we compute the image D{R,G,B} (x, y) lo display on the screen. For each color primary, we have a wavelength-dependent blur kernel, K{R, G, B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (**) of the display image with the eye's PSF for each of the three color channels ({R, G, B}); page 4, section 4.3); and
providing anti-myopia visual display therapy to a subject using the modified digital image, wherein the therapy comprises rendering the modified digital image on a display of the system within a visual environment of the subject (The OLP projector delivered images to the projection screen. The color primaries were three LEDs. The subject viewed the stimulus on the projection screen with the left eye, caption of Figure 7; Five naıve subjects (18-29 years) participated. All were female to ensure normal color vision [Sharpe et al. 1999]'. Three were myopic and wore their contact-lens correction during the experiment, page 6, section 6.1.1; ChromaBlur rendering produced consistent accommodative responses that were remarkably similar to those produced by real changes in focal distance, page 7, section 6.2).
Regarding claim 11, Cholewiak discloses the system of claim 10, wherein the pattern is a high-contrast pattern of objects on a solid background, which generates multiple black-white edges within the digital image (see Fig.1).
Regarding claim 12, Cholewiak discloses the system of claim 10, wherein the color channel is selected based on a model of structure and function of an eye that demonstrates how a combination of wavelengths of light and optical defocus regulates growth of the eye (Given a target retinal image I{R,G,B}(x, y), we compute the image D{R,G,B} (x, y) to display on the screen: For each color primary, we have a wavelength-dependent blur kernel, K{R,G,B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (**) of the display image with the eye's PSF for each of the three color channels ({R,G, B}), page 4, section 4.3).
Regarding claim 13, Cholewiak discloses the system of claim 12, wherein the color channel selected is a short wavelength channel (Short wavelengths (e.g., blue) are refracted more than long (red), so blue and red images tend to be focused, respectively, in front of and behind the retina , page 3, section 3.2; Fig. 3 shows the variation in intensity across the retina due to an edge that is 1.4D nearer than the eye's current focus (positive defocus). The red, green, and blue curves represent the variation in retinal intensity for the R, G, and B primaries. With the real edge nearer than current focus, blue is sharper than green and red, so a blueish fringe is created, page 4, section 5.1).
Regarding Claim 14, Cholewiak discloses the system of claim 13, wherein the short wavelength channel is the blue channel (Short wavelengths (e.g., blue) are refracted more than long (red), so blue and red images tend to be focused, respectively, in front of and behind the retina, page 3, section 3.2; Fig. 3 shows the variation in Intensity across the retina due to an edge that is 1.4D nearer than the eye's current focus (positive defocus). The red, green, and blue curves represent the variation in retinal intensity for the R, G, and B primaries. With the real edge nearer than current focus, blue is sharper than green and red, so a blueish fringe is created, page 4, section 5.1).
Regarding claim 15, Cholewiak discloses the system of claim 10, wherein the blur effect is applied to the color channel in a predetermined amount determined based on a viewing distance and/or display or image size to be viewed by the subject (The accommodation experiments presented here use a 2d scene composed of a textured plane at different distances. We render these scenes with the 2d ChromaBlur algorithm, which is a physical (wave) optics simulation incorporating defocus, LCA, and diffraction. Given a target retinal image l{R,G,B} (x, y), we compute the image D{R,G,B} (x, y) to display on the screen. For each color primary, we have a wavelength-dependent blur kernel, K{R,G,B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (** )of the display image with the eye's PSF for each of the three color channels ({R,G, B}): l{R,G,B} (x, y) = D{R,G,B} (x, y) ** K{R,G,B} (x, y). (3) We generated values of D{R,G,B} by varying induced defocus and compared these with the forward-model solution until we found the optimum image to display, page 4, section 4.3).
Regarding Claim 16, Cholewiak discloses a non-transitory computer-readable memory storing a plurality of instructions executable by one or more processors, the plurality of instructions comprising instructions that when executed by the one or more processors cause the one or more processors (The 3d algorithm enables application to general graphics systems for rendering complex scenes, page 4, section 4.4) to perform the following operations:
obtaining a pattern for a digital image (The accommodation experiments presented here use a 2d scene composed of a textured plane at different distances. We render these scenes with the 2d ChromaBlur algorithm, which is a physical (wave) optics simulation Incorporating defocus, LCA, and diffraction, page 210:4, section 4.3);
selecting a color channel of the digital image; applying a blur effect lo the color channel that modifies the digital image to have a simulated blur (Given a target retinal image l{R,G,B } (x, y), we compute the image D{R,G,B} (x, y) lo display on the screen. For each color primary, we have a wavelength-dependent blur kernel, K{R, G, B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (**) of the display image with the eye's PSF for each of the three color channels ({R, G, B}); page 4, section 4.3); and
providing anti-myopia visual display therapy to a subject using the modified digital image, wherein the therapy comprises rendering the modified digital image on a display of the system within a visual environment of the subject (The OLP projector delivered images to the projection screen. The color primaries were three LEDs. The subject viewed the stimulus on the projection screen with the left eye, caption of Figure 7; Five naıve subjects (18-29 years) participated. All were female to ensure normal color vision [Sharpe et al. 1999]'. Three were myopic and wore their contact-lens correction during the experiment, page 6, section 6.1.1; ChromaBlur rendering produced consistent accommodative responses that were remarkably similar to those produced by real changes in focal distance, page 7, section 6.2).
Regarding claim 17, Cholewiak discloses the non-transitory computer-readable memory of claim 16, wherein the pattern is a high-contrast pattern of objects on a solid background, which generates multiple black-white edges within the digital image (see Fig.1).
Regarding claim 18, Cholewiak discloses the non-transitory computer-readable memory of claim 16, wherein the color channel is selected based on a model of structure and function of an eye that demonstrates how a combination of wavelengths of light and optical defocus regulates growth of the eye (Given a target retinal image I{R,G,B}(x, y), we compute the image D{R,G,B} (x, y) to display on the screen: For each color primary, we have a wavelength-dependent blur kernel, K{R,G,B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (**) of the display image with the eye's PSF for each of the three color channels ({R,G, B}), page 4, section 4.3).
Regarding claim 19, Cholewiak discloses the non-transitory computer-readable memory of claim 18, wherein the color channel selected is a short wavelength channel (Short wavelengths (e.g., blue) are refracted more than long (red), so blue and red images tend to be focused, respectively, in front of and behind the retina , page 3, section 3.2; Fig. 3 shows the variation in intensity across the retina due to an edge that is 1.4D nearer than the eye's current focus (positive defocus). The red, green, and blue curves represent the variation in retinal intensity for the R, G, and B primaries. With the real edge nearer than current focus, blue is sharper than green and red, so a blueish fringe is created, page 4, section 5.1); wherein the short wavelength channel is the blue channel (Short wavelengths (e.g., blue) are refracted more than long (red), so blue and red images tend to be focused, respectively, in front of and behind the retina, page 3, section 3.2; Fig. 3 shows the variation in Intensity across the retina due to an edge that is 1.4D nearer than the eye's current focus (positive defocus). The red, green, and blue curves represent the variation in retinal intensity for the R, G, and B primaries. With the real edge nearer than current focus, blue is sharper than green and red, so a blueish fringe is created, page 4, section 5.1).
Regarding claim 20, Cholewiak discloses the non-transitory computer-readable memory of claim 16, wherein the blur effect is applied to the color channel in a predetermined amount determined based on a viewing distance and/or display or image size to be viewed by the subject (The accommodation experiments presented here use a 2d scene composed of a textured plane al different distances. We render these scenes with the 2d ChromaBlur algorithm, which is a physical (wave) optics simulation incorporating defocus, LCA, and diffraction. Given a target retinal image l{R,G,B} (x, y), we compute the image D{R,G,B} (x, y) to display on the screen. For each color primary, we have a wavelength-dependent blur kernel, K{R,G,B} (x, y), which is a PSF calculated from the square of the Fourier transform of the eye's complex aperture function (which takes into account the amplitude and phase of light). The target retinal image is therefore the 2d convolution (** )of the display image with the eye's PSF for each of the three color channels ({R,G, B}): l{R,G,B} (x, y) = D{R,G,B} (x, y) ** K{R,G,B} (x, y). (3) We generated values of D{R,G,B} by varying induced defocus and compared these with the forward-model solution until we found the optimum image to display, page 4, section 4.3).
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 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Cholewiak et al. (hereinafter, "Cholewiak"), as applied to claim 1 above, and further in view of US 2006/0181677 to Schmid of record.
Regarding Claim 8, Cholewiak fails to disclose the method of claim 1, wherein the optimal viewing time is determined based on a present level of refractive error of an eye of the subject. Schmid is in the field of myopia reduction (Abstract) and teaches wherein the optimal viewing time is determined based on a present level of refractive error of an eye of the subject. (The final step in the iterative process 'is a feedback loop, where myopia is remeasured and treatment is recalculated. The success of the treatment will be measurable as a reduction in the myopia of the subject. As the myopia reduces the treatment required will need to be adjusted with frequencies reduced and duration decreased, par. [0061]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Cholewiak to include the optimal viewing
time adjustment as taught in Schmid for the purpose of adjusting treatment time based on reduction in myopia of the subject (see Schmid, par. [0061]).
Regarding Claim 9, modified Cholewiak fails to disclose the method of claim 8, wherein the optimal viewing time is periodically through a day. Schmid teaches wherein the optimal viewing time is periodically through a day. (The optimal delivery of the strobe treatment would be for 10 minutes per hour throughout the day. In practical application, ii may also be provided in a single duration once per day. For children at school, an effective treatment would be during an hour of reading after school, par. [0058]).
It would have been obvious to one of ordinary skill in the art at the time of-the invention to modify Cholewiak to include the periodic application as taught in Schmid for the purpose of providing a practical way of assuring the treatment is performed in a routine way (see Schmid, par. [0058]).
Conclusion
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/TUYEN TRA/ Primary Examiner, Art Unit 2872
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