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 07/11/25 comply with provisions of 37 CFR 1.97. Accordingly, the examiner considered the information disclosure statements.
Claim Objections
Claims 9 and 17 are objected to because of the following informalities: “desired head turn angle” should be “determined head turn angle.” Appropriate correction is required.
Claims 2, 8, 12, and 16 are objected to because of the following informalities: “chin insert” should be “chin rest insert” in order to be consistent with the other claims. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker et al. (US 7,401,921).
Regarding claim 1, Baker teaches a chin rest apparatus (MPS 100) for a visual field system (fig. 1, MPS 100, instrument interface panel 124; col. 8, lines 35-45, exemplary instruments include autorefractors, fundus cameras, corneal topographers, OCT based eye imagers, eye wavefront sensors, laser eye surgery systems, visual field analyzers, and so on; MPS 100 is explicitly designed for attachment to visual field analyzers via instrument interface panel 14.) comprising, a base (main assembly 240; forehead rest base 112; col. 6, lines 45-46, the X-motor body 210 is directly mounted on the main assembly 240; col. 6, lines 20-25, a forehead rest base 112 together with a forehead rest 110 and single arm 114 can be automatically movable when driven by a motor assembly in the lateral or X-axis direction with respect to the main assembly 122. Note: Main assembly 240 in fig. 2 is the structural base and the forehead rest base 112 in fig. 1 is the sub-base directly carrying the chinrest); at least one chin rest insert moveably coupled to the base (chinrest 150; chin cups 152, 154; Chinrest support 160; col. 5, the chinrest 150 is linked to the forehead rest base 112 via a vertical chinrest support 160, which is constrained to move vertically (i.e., in the Y-axis direction) with respect to the forehead rest base 112; col. 6, lines 10-20, the chinrest module, including the chinrest 150 and the chinrest support 160, is a detachable module that can be easily attached to the forehead rest base 112 for field replacement or servicing purposes; col. 4, lines 60-68, It should be understood, however, that many of the advantages of the various embodiments disclosed herein can be obtained using a device with a single chin cup or multiple chin cups, a single moveable chin cup, or other chin supports as known or used in the art.) and configured to be adjusted to one of a plurality of head turn angles and one of a plurality of head tilt angles (chin cups 152, 154; claim 8, col. 3, lines 40-45, Still another object of various embodiments is to utilize a detachable chinrest that easily can be replaced. For instance a chinrest with a single chin cup could be replaced with a double chin cup or with angled chin cups, the latter for guiding the head of a patient into a position that does not match the gaze direction; col. 5, lines 60-65, In addition to standard chin cups as known and used in the art, angled dual chin cups can be provided to guide a head into position that does not match the gaze direction; claim 8, the chin rest includes at least one chin cup that is angled for easy guiding of the head into a position that does not match the gaze direction.) wherein the plurality of head turn angles and plurality of head tilt angles are associated with obtaining a visual field (MPS 100; claim 18) of a subject in the visual field system (claim 18, the apparatus is capable of being attached to any of a number of standardized examination/treatment instruments, including instruments selected from the group consisting of autorefractors, fundus cameras, corneal topographers, OCT based eye imagers, eye wavefront sensors, laser eye surgery systems, and visual field analyzers. Note: the angled chin cup positioning, which controls head turn/tilt angles, is performed in the context of eye examination on visual field analyzers. The head angle adjustment is therefore directly for obtaining a visual field.).
Regarding claim 2, Baker teaches the chin rest apparatus according to claim 1, wherein the at least one chin insert comprises a first chin rest insert (chin cup 152) and a second chin rest insert (chin cup 154; col. 4, lines 50-60, A forehead rest 110 and chinrest 150 provide two exemplary head-receiving supports that can contact, hold, and support the head of a patient. The chinrest 150 can have two chin cups 152 and 154, each serving for the preliminary positioning of one of the two eyes (left or right of the head); claim 5, said chin rest has two chin cups, each cup being positioned to support the head for one eye of the head, such that a lateral translation range of said motor assembly is reduced.).
Regarding claim 3, Baker teaches the chin rest apparatus according to claim 2, wherein the base comprises a top surface (on chin rest 150), a first cavity (cavity on chin rest 150 associated with chin cup 152) on the top surface that is configured to receive the first chin rest insert, and a second cavity (cavity on chin rest 150 associated with chin cup 154) on the top surface that is configured to receive the second chin rest insert (chin cup 154 in chinrest 150; illuminators 156, 158; col. 4, lines 65-68 and col 5, lines 1-5, A sensor apparatus can be used for each chip cup, which in one embodiment consists of an illuminator (156 and 158) and a detector (on the surface of each chin cup but not visible in FIG. 1) to indicate whether a chin is present; note: the chinrest 150 as a platform (top surface) with two distinct, spatially separated positions for chin cups 152 and 154, each with its own illuminator (156, 158) and detector on the cup surface. These are discrete receiving structures (cavities) for each insert on the top surface of chinrest 150; fig. 1).
Regarding claim 4, Baker teaches the chin rest apparatus according to claim 3, wherein the first chin rest insert (chin cups 152, corresponding headrest indentation 118, associated illuminator 158) is associated with a left eye of the subject (col. 4, lines 55-60, each serving for the preliminary positioning of one of the two eyes (left or right of the head) and col. 5, lines 40-45, the forehead rest 110 has two headrest indentations 118 and 120, which correspond to the two chin cups 152 and 154, for preliminary positioning of one of the two eyes.) and the second chin rest insert (chin cups 154, corresponding headrest indentation 120, associated illuminator 156) is associated with a right eye of the subject (col. 4, lines 55-60, each serving for the preliminary positioning of one of the two eyes (left or right of the head) and col. 5, lines 40-45, the forehead rest 110 has two headrest indentations 118 and 120, which correspond to the two chin cups 152 and 154, for preliminary positioning of one of the two eyes.).
Regarding claim 5, Baker teaches the chin rest apparatus according to claim 3, wherein the first chin rest insert (chin cup 152, seated in first cavity on chinrest 150) is configured to be rotated in the first cavity (claim 8, the chin rest includes at least one chin cup that is angled for easy guiding of the head into a position that does not match the gaze direction and col. 5, lines 60-65, In addition to standard chin cups as known and used in the art, angled dual chin cups can be provided to guide a head into position that does not match the gaze direction.) and the second chin rest insert (chin cup 154 seated in second cavity on chinrest 150) is configured to be rotated in the second cavity (chin cups 152, 154 and claim 8).
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, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 7,401,921) as applied to claim 1 above, and further in view of Papritz (US 2,999,422).
Regarding claim 6, Baker teaches the chin rest apparatus, wherein the base (112 and 240) comprises a top surface (top surface of forehead rest base 112 / main assembly 240, carrying the chinrest module – which is the chinrest 150 and chinrest support 160; col. 6, lines 45-50, the X-motor lead screw 214 is connected to the X-driver nut 216 that is attached to the forehead mounting plate 218, note: describing the surface/structure along which lateral movement is guided). Baker does not specifically teach a groove disposed in the top surface. However, in a similar field of endeavor, Papritz teaches the apparatus , wherein a groove disposed in the top surface (¶3, lines 15-20, A groove 48 having a cross section as seen in FIG. 7 and having guide slots 49 is provided at the underside of carrier 45. A sliding carriage 50 having guide rollers 51 engaging slots 49 is displaceable in linear direction along the groove 48). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the apparatus of Baker with a groove disposed in the top surface of Papritz, for the purpose of adapt the head rest to the size of the patient’s head (col. 3, lines 10-15).
Regarding claim 8, Baker further teaches wherein the at least one chin insert comprises a single chin insert (152 or 154; col. 4, lines 60-68, It should be understood, however, that many of the advantages of the various embodiments disclosed herein can be obtained using a device with a single chin cup or multiple chin cups, a single moveable chin cup, or other chin supports as known or used in the art.). Baker does not specifically teach configured to be positioned in the groove and moved along the groove. Papritz further teaches configured to be positioned in the groove (groove 48, carrier 45, note: groove-seating structure; col. 3, lines 10-20, the chin support of the head rest for the patient is mounted on a carrier 45 … a groove 48 … is provided at the underside of carrier 45.) and moved along the groove (sliding carriage 50 and guide rollers 51, note: structural means of movement along the groove; col. 2, lines 15-20, A sliding carriage 50 having guide rollers 51 engaging slots 49 is displaceable in linear direction along the groove 48). Motivation to combine is the same as in claim 6.
Regarding claim 9, Baker in view of Papritz teaches the invention as set forth above and Baker/Papritz further teaches wherein movement of the chin rest (carriage 45) of the chin rest insert (sliding carriage 50) along the groove (groove 48 and guide slots 49) changes a position (sliding carriage 50 displacement) of the chin rest insert (50; col. 3, lines 15-20, A sliding carriage 50 … is displaceable in linear direction along the groove 48) resulting in adjustment of the chin rest insert to a desired head turn angle (col. 5, lines 40-45, angled dual chin cups can be provided to guide a head into position that does not match the gaze direction as in combination with Baker.)
Regarding claim 10, Baker in view of Papritz teaches the invention as set forth above and Baker further teaches the base (240 and 112) and chin rest insert (160, 150 with 152 and 154) are fabricated as a single part (col. 5, lines 13-20, the chinrest module, including the chinrest 150 and the chinrest support 160, is a detachable module that can be easily attached to the forehead rest base 112 for field replacement or servicing purposes; shown in fig. 1 and 2).
Claims 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 7,401,921) in view of Matsumoto (US 6,783,240).
Regarding claim 11, Baker teaches a visual field system (fig. 1, MPS 100, instrument interface panel 124; col. 8, lines 35-45, exemplary instruments include autorefractors, fundus cameras, corneal topographers, OCT based eye imagers, eye wavefront sensors, laser eye surgery systems, visual field analyzers, and so on; MPS 100 is explicitly designed for attachment to visual field analyzers via instrument interface panel 14.) comprising, a forehead rest (forehead rest 110; single arm 114; forehead rest base 112; col. 4, lines 50-55, A forehead rest 110 and chinrest 150 provide two exemplary head-receiving supports that can contact, hold, and support the head of a patient.), and a chin rest apparatus comprising, a base (forehead rest base 112 and main assembly 240; col. 6, lines 45-46, the X-motor body 210 is directly mounted on the main assembly 240); at least one chin rest insert moveably coupled to the base (chinrest 150; chin cups 152, 154; Chinrest support 160; col. 5, the chinrest 150 is linked to the forehead rest base 112 via a vertical chinrest support 160, which is constrained to move vertically (i.e., in the Y-axis direction) with respect to the forehead rest base 112) and configured to be adjusted to one of a plurality of head turn angles and one of a plurality of head tilt angles (chin cups 152, 154; col. 3, lines 40-45, a chinrest with a single chin cup could be replaced with a double chin cup or with angled chin cups, the latter for guiding the head of a patient into a position that does not match the gaze direction), wherein the plurality of head turn angles and plurality of head tilt angles are associated with obtaining a visual field (MPS 100; claim 18) of a subject (claim 18, the apparatus is capable of being attached to any of a number of standardized examination/treatment instruments, including instruments selected from the group consisting of … visual field analyzers. Note: the angled chin cup positioning, which controls head turn/tilt angles, is performed in the context of eye examination on visual field analyzers. The head angle adjustment is therefore directly for obtaining a visual field.). Baker does not specifically teach a testing bowl. However, in a similar field of endeavor, Matsumoto teaches the system, comprising, a testing bowl (dome 1; claim 1, A perimetry system comprising: a dome comprising a hemispherical inner surface). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Baker with a testing bowl of Matsumoto, for the purpose of providing a projection surface (claim 1).
Regarding claim 12, Baker in view of Matsumoto teaches the invention as set forth above and Baker further teaches the at least one chin insert comprises a first chin rest insert (chin cup 152) and a second chin rest insert (chin cup 154; col. 4, lines 50-60, A forehead rest 110 and chinrest 150 provide two exemplary head-receiving supports that can contact, hold, and support the head of a patient. The chinrest 150 can have two chin cups 152 and 154, each serving for the preliminary positioning of one of the two eyes (left or right of the head); claim 5, said chin rest has two chin cups, each cup being positioned to support the head for one eye of the head, such that a lateral translation range of said motor assembly is reduced.).
Regarding claim 13, Baker in view of Matsumoto teaches the invention as set forth above and Baker further teaches the base comprises a top surface (on chin rest 150), a first cavity (cavity on chin rest 150 associated with chin cup 152) on the top surface that is configured to receive the first chin rest insert (152 in 150) and a second cavity (cavity on chin rest 150 associated with chin cup 154) on the top surface that is configured to receive the second chin rest insert (chin cup 154 in chinrest 150; illuminators 156, 158; col. 4, lines 65-68 and col 5, lines 1-5, A sensor apparatus can be used for each chip cup, which in one embodiment consists of an illuminator (156 and 158) and a detector (on the surface of each chin cup but not visible in FIG. 1) to indicate whether a chin is present; note: the chinrest 150 as a platform (top surface) with two distinct, spatially separated positions for chin cups 152 and 154, each with its own illuminator (156, 158) and detector on the cup surface. These are discrete receiving structures (cavities) for each insert on the top surface of chinrest 150; fig. 1).
Regarding claim 14, Baker in view of Matsumoto teaches the invention as set forth above and Baker further teaches the first chin rest insert (chin cup 152, seated in first cavity on chinrest 150) is configured to be rotated in the first cavity (claim 8, the chin rest includes at least one chin cup that is angled for easy guiding of the head into a position that does not match the gaze direction and col. 5, lines 60-65, In addition to standard chin cups as known and used in the art, angled dual chin cups can be provided to guide a head into position that does not match the gaze direction.) and the second chin rest insert (chin cup 154 seated in second cavity on chinrest 150) is configured to be rotated in the second cavity (chin cups 152, 154 and claim 8).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Baker et al. (US 7,401,921) in view of Matsumoto (US 6,783,240) as applied to claim 11 above, and further in view of Papritz (US 2,999,422).
Regarding claim 15, Baker teaches the visual field system, wherein the base (112 and 240) comprises a top surface (top surface of forehead rest base 112 / main assembly 240, carrying the chinrest module – which is the chinrest 150 and chinrest support 160; col. 6, lines 45-50, the X-motor lead screw 214 is connected to the X-driver nut 216 that is attached to the forehead mounting plate 218, note: describing the surface/structure along which lateral movement is guided). Baker in view of Matsumoto does not specifically teach a groove disposed in the top surface. However, in a similar field of endeavor, Papritz teaches the system, wherein a groove disposed in the top surface (¶3, lines 15-20, A groove 48 having a cross section as seen in FIG. 7 and having guide slots 49 is provided at the underside of carrier 45. A sliding carriage 50 having guide rollers 51 engaging slots 49 is displaceable in linear direction along the groove 48). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system of Baker in view of Matsumoto with a groove disposed in the top surface of Papritz, for the purpose of adapt the head rest to the size of the patient’s head (col. 3, lines 10-15).
Regarding claim 16, Baker further teaches wherein the at least one chin insert comprises a single chin insert (152 or 154; col. 4, lines 60-68, It should be understood, however, that many of the advantages of the various embodiments disclosed herein can be obtained using a device with a single chin cup or multiple chin cups, a single moveable chin cup, or other chin supports as known or used in the art.). Baker in view of Matsumoto does not specifically teach configured to be positioned in the groove and moved along the groove. Papritz further teaches configured to be positioned in the groove (groove 48, carrier 45, note: groove-seating structure; col. 3, lines 10-20, the chin support of the head rest for the patient is mounted on a carrier 45 … a groove 48 … is provided at the underside of carrier 45.) and moved along the groove (sliding carriage 50 and guide rollers 51, note: structural means of movement along the groove; col. 2, lines 15-20, A sliding carriage 50 having guide rollers 51 engaging slots 49 is displaceable in linear direction along the groove 48). Motivation to combine is the same as in claim 15.
Regarding claim 17, Baker in view of Matsumoto and Papritz teaches the invention as set forth above and Baker/Papritz further teaches wherein movement of the chin rest insert (sliding carriage 50) along the groove (groove 48 and guide slots 49) changes a position (sliding carriage 50 displacement) of the chin rest insert (50; col. 3, lines 15-20, A sliding carriage 50 … is displaceable in linear direction along the groove 48) resulting in adjustment of the chin rest insert to a desired head turn angle (col. 5, lines 40-45, angled dual chin cups can be provided to guide a head into position that does not match the gaze direction as in combination with Baker.).
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Regarding claim 7, the prior art does not disclose the claimed chin rest apparatus specifically including as the distinguishing features in combination with the other limitations the claims “wherein the groove defines a parabolic path.”
Conclusion
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/HENRY DUONG/Primary Patent Examiner, Art Unit 2872 06/21/26
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