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 .
DETAILED ACTION
The instant application having Application No. 18852150 filed on 09/27/2024 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on application of National Stage entry of PCT/EP2023/058358, with international filing date of 03/30/2023 that claims foreign priority to EP 22305423.0, filed on 03/31/2022 (Europe).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation "said device" in line 5. There is insufficient antecedent basis for this limitation in the claim. Specifically it is unclear as to what specific device does this limitation refer to, given that no “device” was recited in the method claim 16? It is suggested to amend the claim and provide explanations in order to remove the indefiniteness issue.
Allowable Subject Matter
Claims 1-15 allowed.
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
The prior art taken either singly or in combination fails to anticipate or fairly suggest the limitations of the independent claims, in such a manner that a rejection under 35 USC 102 or 103 would be improper.
Dubail et al. (hereafter Dubail, of record, see IDS dated 09/27/2024) US 20200315448 A1.
In regard to independent claim 1, directed towards a device for determining a shift in a refraction value of an eye of a subject lighted by a light beam emitted by a light source, the closest prior art of Dubail et al. (hereafter Dubail, of record, see IDS dated 09/27/2024) US 20200315448 A1, teaches (see Figs. 1-8) a device for determining a shift in a refraction value of an eye of a subject lighted by a light beam emitted by a light source (i.e. as system 10,20,30 and method determining refraction, defocusing, of eye(s) of a person under specific spectral conditions, and refraction defocus, abstract, paragraphs [02-04,08-39, 66-81, 94-102, 104-126, 132-146,149-159,162-170]) said shift being induced by an optical filter (i.e. chromatic filter, e.g. 8, paragraphs [79-84, 134, 147,160-165]) through which said light beam is transmitted to the eye of the subject (eye 2, of person, paragraphs [79-84, 134, 147,160-165]), said device (system and associated method) comprising; one or more memories, and one or more processors (i.e. as system for determining eye refraction includes memory and processor(s) programmed to collect and process data and perform calculations for obtaining and using the spectral-refraction model(s) e.g. paragraphs [66-81, 94-102, 104-126, 132-146,149-159,162-170]), wherein:
said one or more memories store: one or more values of one or more initial spectral features of said light source (i.e. specific spectral condition of light source 4 (6), spectrum , light intensity, see paragraphs [66-81, 94-102, 104-126]),one or more values of one or more optical features of said optical filter (i.e. specific spectral conditions of filter 8, e.g. transmission spectrum, see paragraphs [66-81, 94-102, 104-126]), and a refraction shift model linking said shift and one or more spectral features of the light beam transmitted to the eye of the subject (i.e. as spectral-refraction model linking spectral refraction to specific spectral conditions and spectral parameter i.e. spectrum or light intensity, e.g. paragraphs [66-81, 94-102, 104-126, also 132-146, 162-170], Figs. 2,3,4); and
wherein said one or more processors are programmed (i.e. system programmed), to perform the following steps:
determining one or more values of one or more spectral features of said light beam transmitted to the eye of the subject through said optical filter based on said one or more values of one or more initial spectral features of said light source and said one or more values of one or more optical features of said optical filter (i.e. as determined specific spectral conditions and spectral parameters of light source 4 (6), and spectral parameters, transmission spectra of chromatic filter 8, paragraphs [66-81, 94-102, 104-126, 132-146, 162-170]); and
determining said shift in the refraction of the eye (2) of the subject (person) based on said refraction shift model and said values of the spectral features of said light beam transmitted to the eye of the subject through the optical filter (i.e. determining refraction, defocusing of eye based on spectral-refraction model linking spectral refraction to specific spectral conditions and spectral parameter i.e. spectrum or light intensity, e.g. paragraphs [66-81, 94-102, 104-126, also 132-146, 162-170], Figs. 3-4,6).
However, regarding claim 1, the prior art of Dubail taken either singly or in combination with any other prior art fails to anticipate or fairly suggest such a device for determining a shift in a refraction value of an eye of a subject lighted by a light beam emitted by a light source including the specific arrangement where refraction shift model linking a magnitude associated with said shift and one or more spectral features of the light beam transmitted to the eye of the subject, and in combination with all other claimed limitations of claim 1.
With respect to claims 2-15, these claims depend on claim 1 and are allowable at least for the reasons stated supra.
Claim 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bonnin et al. US 20160154255 A1 (see Figs. 1-3 and their descriptions), and Barrau US 20190094135 A1 (see Figs. 1-5 and their descriptions) also describe features relative to the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas K Pham can be reached at (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872
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