DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed on 12/2/2024 is accepted.
Information Disclosure Statement
3. The prior art documents submitted by application in the Information Disclosure Statement filed on 4/21/2025 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 112
4. 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 1-15 are 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.
Regarding claim 1, using the phrase “means illuminating eye” using word “means “and another phrase “means for imaging” using word “means for “ make claim indefinite. Another phrase “create non illuminated region” did not mention how was created “non illuminated region” make the claim indefinite.
Regarding claims 2-15 depend on claim 1, therefore claims 2-15 make indefinite.
Claim Rejections - 35 USC § 103
5. 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.
Claim(s) 1-6 and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Salvati et al (2010/0134760 A1) in view of Mohr et al (2016/0120400A1).
Regarding claim 1, Salvati et al discloses, a device for examining an anterior part of an eye (eye module analysis 202 , paragraph 0063) by retro illumination of the anterior part of the eye (paragraph 0005 anterior part of the patient , the device comprising illuminating the eye, comprising a light source (2302 , figure 23 paragraph 0133) configured to emit a light beam, the device comprising means for imaging the anterior part of the eye ,the means for imaging comprising an optical sensor ( 1510a ,15,1510b,1510c) (figure 15,paragraph 0110) configured to capture an image of the anterior segment of the eye, wherein the device further comprises means for modulating
Salvati et al discloses all of the claimed limitations except at least one region of the light beam and to create at least one non-illuminated region on the surface of the eye.
Mohr et al discloses at least one region of the light beam and to create at least one non-illuminated region on the surface of the eye (figure 3, paragraph 0038).
It would have been obvious to one of ordinary skill in the art at the time of invention was made to provide at least one region of the light beam and to create at least one non-illuminated region on the surface of the eye at least one region of the light beam and to create at least one non-illuminated region on the surface of the eye in to the Salvati et al eye examining device to corrected fundus photography as taught by Mohr et al (see in abstract).
Regarding claim 2, Salvati et al discloses wherein light source is of the light-emitting diode
Regarding claim 3, Salvati et al discloses wherein the means for shutting off part of the light beam of comprises an opaque disc (302) (paragraph 069).
Regarding claim 4, Salvati et al discloses wherein the means for illuminating comprises at least one plane mirror interposed between the diaphragm and the means for reflecting (see in figure 4).
Regarding claim 5, Salvati et al discloses wherein light source 2302) (paragraph 0133) is of the light-emitting diode type, the means for illuminating comprising collimating means for forming the light beam, a diaphragm, polarizing means, the means for modulating comprises a mirror, the mirror having at least one orifice, the at least one orifice being configured to not reflect at least a part of the light beam.
Regarding claim 6, Salvati et al discloses wherein the mirror is parabolic, the mirror being comprised in the collimating means.
Regarding claim 9, combination of Salvati et al in view of Mohr et al discloses wherein the mirror is a first mirror, the means for illuminating comprises at least one second mirror interposed between the diaphragm and the means for reflecting .
Regarding claim 10, combination of Salvati et al in view of Mohr et al discloses wherein the
Regarding claim 11, combination of Salvati et al in view of Mohr et al discloses wherein the polarizing means is composed of a polarizing cube that also replaces the reflecting means.
Regarding claim 12, combination of Salvati et al in view of Mohr et al discloses wherein the means for illuminating and the means for imaging two distinct modules.
Regarding claim 13, combination of Salvati et al in view of Mohr et al discloses wherein the means for imaging comprises the at least one non-illuminated region
Regarding claim 14, combination of Salvati et al in view of Mohr et al discloses wherein the modulation means is configured so that an extinguished region is surrounded by a non-extinguished region in the light beam.
Regarding claim 15, combination of Salvati et al in view of Mohr et al discloses wherein the imaging means is configured to present a field of view covering an area of diameter greater than or equal to 4 mm on the eye.
Allowable Subject Matter
6. Claims 7 and 8 are 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.
7. The following is a statement of reasons for the indication of allowable subject matter: wherein the means for illuminating comprises a second light source
wherein the means for imaging
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 7/10/2026
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