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.
Preliminary Amendment
The amendments to the claims in the submission dated 09/04/2024 are acknowledged and accepted. Claim 6 is amended. Claims 10-17 are new.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “subject P” in paragraphs [0065] and [0068]. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: UE and LE in figure 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 9 recites:
“A method for measuring a numerical value related to vision, comprising: a step of having a subject compare how a visual target appears in a plurality of states in which the subject wearing a lens frame for eye examination looks downward, and obtaining a subjective response of the subject.”
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements.”
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the groupings of subject matter that covers certain methods of organizing human activity, specifically managing personal behavior or relationships or interactions between people – including social activities, teaching, and following rules or instructions.
For example, the step of “having a subject compare how a visual target appears… and obtaining a subjective response of the subject” is treated as belonging to managing personal behavior or relationships or interactions between people grouping. These managing personal behavior or relationships or interactions between people steps represent a process that, under its broadest reasonable interpretation, covers following rules or instructions. In the context of this claim, this step encompasses a doctor or examiner having the subject look down at visual targets during an eye examination in order to compare the visual targets and then obtain a response from the subject.
The above claim 9 does not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis) because these additional elements/steps are well-understood and conventional in the relevant art based on the prior art of record that includes prior art Tran and Lin used in the rejections below.
Hence, the claim is not patent eligible.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tran et al., US 2021/0290053 A1 (hereinafter referred to as Tran).
As to claim 1, Tran teaches (Figs. 1A-2B) a method for designing an eyeglass lens (108, “lenses 108,” para [0074], Figs. 1A-1C), comprising:
a step of setting a plurality of states in which a subject wearing a lens frame for eye examination (100, 106, the head-mountable display (HMD) 100 which includes a lens holder 106, para [0073], Figs. 1A-1C) looks downward (108d, “the eyes move downward to look at the bottom portion of the display through the bottom portion of the lenses 108d,” para [0092], Figs. 1F and 1G), having the subject compare how a visual target appears (118, 518, the user can view the second visual stimulus 518 through the bottom of the lens 118, paras [0083] and [0087]-0088], Fig. 1F), and obtaining a subjective response of the subject (“the described embodiments can acquire user input,” para [0104]); and
a step of designing an eyeglass lens suitable for the subject based on the subjective response (108, one or more of the lenses can be worn in spectacles and the spectacles can be standardized for use with any patient in order to affect a specified property such as e.g., the property of having different regions of the display with different accommodative demands, para [0080], Figs. 1A-1I).
As to claim 2, Tran teaches the method for designing an eyeglass lens according to claim 1, wherein in the step of obtaining the subjective response, the plurality of states are set using a plurality of lenses for eye examination selected to simulate an aspheric surface design (108, the lenses 108 in the spectacles 106 can be built for the user “to correct the patient’s refractive error (e.g., myopia (nearsightedness), hyperopia (farsightedness), presbyopia (loss of near vision with age), and/or astigmatism (a type of refractive error in which the eye does not focus light evenly on the retina)) to improve the focus of the images,” thus simulating an aspheric surface design, para [0081], Figs. 1A-1C).
As to claim 3, Tran teaches the method for designing an eyeglass lens according to claim 1, wherein in the step of obtaining the subjective response, the plurality of states are set using a plurality of lenses for eye examination (108a, 108b, “the lens holder 106 enables selective insertion of different types of lenses 108,” a first type of lens 108a or a second type of lens 108b can be selectively inserted, para [0074], Figs. 1A-1C) having different spherical powers with respect to a known addition power (108a, 108b, lenses 108a and 108b can be plus spherical lenses and minus spherical lenses, and the user can wear their own spectacles which combines the focusing power or vision correction of the spectacles with additional focusing properties of the insertable lenses 108, paras [0074] and [0078]-[0079], Figs. 1A-1C), and in the step of designing an eyeglass lens, a power of a near lateral portion is corrected (108e,f,g, lenses 108 can be bifocal and trifocal lenses, para [0089], Figs. 1G-1I).
As to claim 4, Tran teaches the method for designing an eyeglass lens according to claim 1, wherein in the step of obtaining the subjective response, the plurality of states are set using a plurality of lenses for eye examination having different prism amounts (108, 510h, 510i, the different types of lenses 108 include prisms, different testing scenarios 510h and 510i show the different prism amounts are used for eye examination, paras [0074] and [0170], Figs. 5H and 5I).
As to claim 5, Tran teaches the method for designing an eyeglass lens according to claim 1, wherein in the step of obtaining the subjective response, the plurality of states in which eye rotation angles are different from each other are set, and in the step of designing an eyeglass lens, an addition power curve is corrected (412, 414, measurements in degrees of the visual angle are performed by progressively until the individual is able to regain clear, single image vision, para [0148], Fig. 4).
As to claim 8, Tran teaches (Figs. 1-2) a method for producing an eyeglass lens (108, “lenses 108,” para [0074], Figs. 1A-1C), comprising:
a step of having a subject compare how a visual target appears in a plurality of states (118, 518, the user can view the second visual stimulus 518 through the bottom of the lens 118, paras [0083] and [0087]-0088], Fig. 1F) in which the subject wearing a lens frame for eye examination (100, 106, the head-mountable display (HMD) 100 which includes a lens holder 106, para [0073], Figs. 1A-1C) looks downward (108d, “the eyes move downward to look at the bottom portion of the display through the bottom portion of the lenses 108d,” para [0092], Figs. 1F and 1G), and obtaining a subjective response of the subject (“the described embodiments can acquire user input,” para [0104]); and
a step of designing an eyeglass lens suitable for the subject based on the subjective response (108, one or more of the lenses can be worn in spectacles and the spectacles can be standardized for use with any patient in order to affect a specified property such as e.g., the property of having different regions of the display with different accommodative demands, para [0080], Figs. 1A-1I).
As to claim 9, Tran teaches a method for measuring a numerical value related to vision, comprising:
a step of having a subject compare how a visual target appears in a plurality of states (118, 518, the user can view the second visual stimulus 518 through the bottom of the lens 118, paras [0083] and [0087]-0088], Fig. 1F) in which the subject wearing a lens frame for eye examination (100, 106, the head-mountable display (HMD) 100 which includes a lens holder 106, para [0073], Figs. 1A-1C) looks downward (108d, “the eyes move downward to look at the bottom portion of the display through the bottom portion of the lenses 108d,” para [0092], Figs. 1F and 1G), and obtaining a subjective response of the subject (“the described embodiments can acquire user input,” para [0104]).
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 6-7 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al., US 2021/0290053 A1 (hereinafter referred to as Tran), and further in view of Lin, CN 112754424 A (hereinafter referred to as Lin of record).
As to claim 6, Tran teaches all the limitations of the instant invention as detailed above with respect to claim 1.
Tran does not teach wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 7, 8, and 9), wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19 so that the optical center of the lens can achieve an optical element that meets the physiological needs of the eye in the geometric positioning operation of the frame, thus when the subject looks down the line of sight can coincide with the optical center, or optical axis, of the lens, paras [0178], [0180], [0181], and [0200], Fig. 7).
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 configuration of the lens frame of Tran with the configuration of the line of sight coinciding with optical axis of the lens when the subject looks downward of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 7, Tran in view of Lin teaches all the limitations of the instant invention as detailed above with respect to claim 6.
Tran does not teach wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 5, 6, and 7), wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed (19, the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19, Fig. 7), a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant (184, the frame 1 includes and adjustment mechanism 184 connected to the main beam 10 that allows adjustment of the distance between the plane on which the lens is located and the subject’s eye in the depth direction, thus when combining the change in the rotation angle via the rotating connector 19 and the adjustment in the depth direction via the adjustment mechanism 184 the distance from a reference point on the lens and the corneal vertex of the subject can remain constant, paras [0121]-[0123], Figs. 5 and 7).
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 of Tran with the lens frame configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 10, Tran teaches all the limitations of the instant invention as detailed above with respect to claim 2.
Tran does not teach wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 7, 8, and 9), wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19 so that the optical center of the lens can achieve an optical element that meets the physiological needs of the eye in the geometric positioning operation of the frame, thus when the subject looks down the line of sight can coincide with the optical center, or optical axis, of the lens, paras [0178], [0180], [0181], and [0200], Fig. 7).
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 configuration of the lens frame of Tran with the configuration of the line of sight coinciding with optical axis of the lens when the subject looks downward of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 11, Tran teaches all the limitations of the instant invention as detailed above with respect to claim 3.
Tran does not teach wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 7, 8, and 9), wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19 so that the optical center of the lens can achieve an optical element that meets the physiological needs of the eye in the geometric positioning operation of the frame, thus when the subject looks down the line of sight can coincide with the optical center, or optical axis, of the lens, paras [0178], [0180], [0181], and [0200], Fig. 7).
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 configuration of the lens frame of Tran with the configuration of the line of sight coinciding with optical axis of the lens when the subject looks downward of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 12, Tran teaches all the limitations of the instant invention as detailed above with respect to claim 4.
Tran does not teach wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 7, 8, and 9), wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19 so that the optical center of the lens can achieve an optical element that meets the physiological needs of the eye in the geometric positioning operation of the frame, thus when the subject looks down the line of sight can coincide with the optical center, or optical axis, of the lens, paras [0178], [0180], [0181], and [0200], Fig. 7).
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 configuration of the lens frame of Tran with the configuration of the line of sight coinciding with optical axis of the lens when the subject looks downward of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 13, Tran teaches all the limitations of the instant invention as detailed above with respect to claim 5.
Tran does not teach wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 7, 8, and 9), wherein in the step of obtaining the subjective response, a lens frame for eye examination configured such that a line of sight when the subject looks downward coincides with an optical axis of a lens for eye examination is used (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19 so that the optical center of the lens can achieve an optical element that meets the physiological needs of the eye in the geometric positioning operation of the frame, thus when the subject looks down the line of sight can coincide with the optical center, or optical axis, of the lens, paras [0178], [0180], [0181], and [0200], Fig. 7).
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 configuration of the lens frame of Tran with the configuration of the line of sight coinciding with optical axis of the lens when the subject looks downward of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 14, Tran in view of Lin teaches all the limitations of the instant invention as detailed above with respect to claim 10.
Tran does not teach wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 5, 6, and 7), wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19, Fig. 7), a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant (184, the frame 1 includes and adjustment mechanism 184 connected to the main beam 10 that allows adjustment of the distance between the plane on which the lens is located and the subject’s eye in the depth direction, thus when combining the change in the rotation angle via the rotating connector 19 and the adjustment in the depth direction via the adjustment mechanism 184 the distance from a reference point on the lens and the corneal vertex of the subject can remain constant, paras [0121]-[0123], Figs. 5 and 7).
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 of Tran with the lens frame configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 15, Tran in view of Lin teaches all the limitations of the instant invention as detailed above with respect to claim 11.
Tran does not teach wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 5, 6, and 7), wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19, Fig. 7), a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant (184, the frame 1 includes and adjustment mechanism 184 connected to the main beam 10 that allows adjustment of the distance between the plane on which the lens is located and the subject’s eye in the depth direction, thus when combining the change in the rotation angle via the rotating connector 19 and the adjustment in the depth direction via the adjustment mechanism 184 the distance from a reference point on the lens and the corneal vertex of the subject can remain constant, paras [0121]-[0123], Figs. 5 and 7).
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 of Tran with the lens frame configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 16, Tran in view of Lin teaches all the limitations of the instant invention as detailed above with respect to claim 12.
Tran does not teach wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 5, 6, and 7), wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19, Fig. 7), a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant (184, the frame 1 includes and adjustment mechanism 184 connected to the main beam 10 that allows adjustment of the distance between the plane on which the lens is located and the subject’s eye in the depth direction, thus when combining the change in the rotation angle via the rotating connector 19 and the adjustment in the depth direction via the adjustment mechanism 184 the distance from a reference point on the lens and the corneal vertex of the subject can remain constant, paras [0121]-[0123], Figs. 5 and 7).
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 of Tran with the lens frame configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
As to claim 17, Tran in view of Lin teaches all the limitations of the instant invention as detailed above with respect to claim 13.
Tran does not teach wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant.
Tran and Lin are related as designing eyeglass lenses.
However, Lin teaches a method for designing an eyeglass lens (1, “spectacle fitting measurement frame 1,” para [0057], Figs. 1, 5, 6, and 7), wherein the lens frame for eye examination is configured such that when an eye rotation angle is changed (the temple body 120 can be connected to the main beam 10 via the rotating connector 19 and the downward tilt angle of the frame can be adjusted by rotating the connector 19, Fig. 7), a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant (184, the frame 1 includes and adjustment mechanism 184 connected to the main beam 10 that allows adjustment of the distance between the plane on which the lens is located and the subject’s eye in the depth direction, thus when combining the change in the rotation angle via the rotating connector 19 and the adjustment in the depth direction via the adjustment mechanism 184 the distance from a reference point on the lens and the corneal vertex of the subject can remain constant, paras [0121]-[0123], Figs. 5 and 7).
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 of Tran with the lens frame configured such that when an eye rotation angle is changed, a distance from a reference point on a back side of the lens for eye examination to a corneal vertex of the subject is constant of Lin, for the purposes of using a common technique for providing more accurate parameters for the subsequent configuration of glasses (para 53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Petignaud et al., US 2016/0274383 A1, Method for Determining at Least One Optical Design Parameter for a Progressive Ophthalmic Lens, relevant to claims 1-17.
Ushakov, US 10,067,359 B1, Eyeglasses with a Fixed Frame and a Rotatable Frame, relevant to claims 6-7 and 10-17.
Chuang et al., US 2015/0359423 A1, Trial Frame and Method for Measuring Key Parameter Thereof, relevant to claims 6-7 and 10-17.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A JONES whose telephone number is (703)756-4574. The examiner can normally be reached Monday - Friday 8 AM - 5 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, Stephone Allen can be reached at (571) 272-2434. 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.
/J.A.J./JENNIFER A JONES 06/05/2026Examiner
Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872