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 .
Claimed Foreign Priority, No Certified Copy Filed
Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in FRANCE on 06/14/2022. It is noted, however, that applicant has not filed a certified copy of the 2205749 application as required by 37 CFR 1.55. In the case of a design application, the certified copy must be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(g) together with the fee set forth in 37 CFR 1.17(g), that includes a showing of good and sufficient cause for the delay in filing the certified copy of the foreign application. If the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
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 11 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 11 recites the broad recitation “a laser”, and the claim also recites “a vertical-cavity surface-emitting laser (VCSEL), or an edge-emitting laser diode” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
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.
2. Claims 1-4 and 10-11 are rejected under 35 U.S.C. 102(a)(1) being anticipated by Sio et al. (WO2017025325).
Regarding claim 1, Sio et al. discloses a scleral lens for measuring the diameter of a pupil of an individual's eye (device 10 applied to the eye, page 17, line 18; device 10a, page 20, line 22), comprising:
a membrane configured to cover the pupil, the iris and at least partially the sclera of the eye (transparent carrier 12 in contact with the eye, page 17, lines 26-27, page 20, lines 28-29; carrier comprising a photodetector covering iris and pupil, page 17, lines 32-33, photodetector covering the white of the eye, page 21, lines 23-24);
a light source encapsulated in the membrane, the light source being designed to emit a light cone or light beam which is intended to diverge directly or indirectly toward the iris (illumination means 30 arranged in the carrier 12 for emitting light toward the eye, page 18, lines 6-8);
an electronic circuit, encapsulated in the membrane (processor 42 in the lens, figure 14), and comprising following components:
at least one photodetector arranged to capture the beam emitted by the light source reflected from the surface of the iris (photodetector 20 in the transparent carrier 12 for capturing the light reflected from the eye, page 17, lines 27-29, page 21, lines 1-3; carrier comprising a photodetector covering iris and pupil, page 17, lines 32-33, photodetector covering the white of the eye, page 21, lines 23-24);
a microcontroller, connected to the photodetector and configured to convert into digital data electrical signals generated by the photodetector ( transition from the surface with high reflectance ( white of the eye) to the intermediate surface (iris) used to identify the center of the pupil, page 21, lines 32-34; application of a threshold to distinguish the photodetectors corresponding to the pupil, to the iris or to the white of the eye, page 22, lines 2-4 ), and to calculate, based on the converted digital data, the diameter of the pupil using a predetermined look-up table, and to encode it for transmission by wireless communication (processor 42 evaluates the outputs from the photodetectors, page 33, lines 9-10, and determines the diameter of the pupil, page 33, lines 14-15);
an antenna for transmitting information relating to the calculated pupil diameter by wireless (interface 48 for transmitting the determined parameters to an external processor, page 36, lines 10-12).
Regarding claim 2, Sio et al. discloses the scleral lens as claimed in claim 1, wherein the photodetector is a photodiode (page 21, line 4).
Regarding claim 3, Sio et al. discloses the scleral lens as claimed in claim 1, wherein the antenna is configured to transmit the information via near-field communication (NFC, page 36, line 15).
Regarding claim 4, Sio et al. disclose the scleral lens as claimed in claim 1, wherein the antenna is further configured to electrically recharge the light source and/or active components of the electronic circuit (power interface 44 for supplying power to the illumination, page 35, line 31 to page 36, line 1).
Regarding claim 10, Sio et al. disclose the scleral lens as claimed in claim 1, wherein the light sources emit in the infrared (infrared, page 33, lines 30-31).
Regarding claim 11, Sio et al. disclose the scleral lens as claimed in claim 1, wherein each light source is a laser, preferably a vertical-cavity surface-emitting laser (VCSEL), or an edge-emitting laser diode (laser, page 33, line 23).
Regarding claim 13, Sio et al. disclose the scleral lens as claimed in claim 1, wherein an interface, encapsulated in the membrane, for collecting and supplying electrical energy to the light source and the active components of the electronic chip, from outside the lens; at least one electronic circuit, encapsulated in the membrane and configured to activate the light source and the active components of the electronic chip via the interface (power interface 44 for supplying power to the illumination, page 35, line 31 to page 36, line 1).
Regarding claim 14, Sio et al. disclose the scleral lens as claimed in claim 13, wherein a battery encapsulated in the membrane and connected to the interface, wherein the battery is configured to be recharged via the interface and to electrically power the light sources and/or optoelectronic functions associated with the light sources, the electronic circuit being configured to activate the sources via the battery (battery 46, page 36, lines 7-9).
Regarding claim 15, Sio et al. discloses the scleral lens as claimed in claim 1, wherein a data acquisition system, arranged remotely from the lens and configured to receive the information relating to the calculated pupil diameter transmitted by the lens antenna by wireless communication (external processor, page 36, lines 10-12).
3. Claims 5 are rejected under 35 U.S.C. 102(a)(1) being anticipated by Glynn (WO1990012534).
Regarding claim 5, Glynn discloses a scleral lens for measuring the pupil diameter of an individual's eye (scleral lens 1, page 8, third paragraph), comprising:
- a membrane configured to cover the pupil, the iris and at least partially the sclera of the eye (lens designed for the sclera and conjunctiva, page 8, third paragraph);
- an light source encapsulated in the membrane and configured to emit a light cone or light beam which is intended to diverge directly or indirectly toward the iris
(second optical system attached to the carrier 6 for directing light to the iris, page 17, fourth paragraph, page 10, fourth paragraph);
- an optical element encapsulated in the membrane and arranged so as to capture the beam emitted by the illumination source and reflected by the surface of the iris and to redirect one or more light beams toward the outside in order to calculate the diameter of the pupil (array of optical fibers 22 receiving light reflected from the eye, page 17, last paragraph).
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Sio et al. (WO2017025325), as applied to claim 15, in view of Glynn (WO1990012534).
Regarding claim 19, Sio et al. discloses the pupillometer as claimed in claim 15. However, Sio et al. does not disclose wherein at least one detector, securely fastened to the carrier, wherein the at least one detector is configured to detect the position of the light beam of the lens directed toward the exterior so as to extract therefrom the angle of deviation with respect to normal of the gaze.
Glynm teaches at least one detector, securely fastened to the carrier, wherein the at least one detector is configured to detect the position of the light beam of the lens directed toward the exterior so as to extract therefrom the angle of deviation with respect to normal of the gaze (CCD detector, page 18, second paragraph). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teaching of Glynm to device of Sio et al. for purpose of receiving and detecting reflective light.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sio et al. (WO2017025325), as applied to claim 11, in view of Frisken (US 20230087685 A1).
Regarding claim 12, Sio et al. discloses the pupillometer as claimed in claim 11. However, Sio et al. does not disclose wherein the VCSEL is equipped with an optical system for shaping its beam. Frisken teaches wherein the VCSEL is equipped with an optical system for shaping its beam (par.[0112]). Therefore, it would have been obvious to one having ordinary skill in the art, before effective filing date of the claimed invention, to apply teaching of Frisken to device of Sio et al. for purpose of receiving and detecting reflective light.
Allowable Subject Matter
Claims 6-9 and 16-18 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.
The following is a statement of reasons for the indication of allowable subject matter: (claim 6) wherein the optical element is a diffractive and/or refractive optical element; (claim 9) another light source configured to emit a light beam intended to be directed toward the exterior of the membrane in a direction away from the eye.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUYEN TRA whose telephone number is (571)272-2343. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at 571-272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUYEN TRA/ Primary Examiner, Art Unit 2872
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