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 .
Drawings
The drawings filed on 9/13/2024 are acknowledged and accepted.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Samec (US20160270656A1) in view of Cyert (Preschool Visual Acuity Screening with HOTV and Lea Symbols, 2004).
With respect to Claim 1, Samec discloses a method for vision training using feedback-adjusted visual challenges, the method comprising:
displaying a virtual environment ([1502]: 3D images are provided to the eyes of the user) on screens (Fig. 14-- element 1402, virtual reality display platform; [1686]) of a virtual reality (VR) headset (Fig. 14-- element 1400, virtual reality device; [1686]) worn by a patient;
displaying an array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]) in the virtual environment ([1502]: 3D images are provided to the eyes of the user), wherein each optotype of the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]) comprises an orientation, a contrast, and/or a color that is distinct from the orientation, the contrast, and/or the color of at least one other optotype ([1702]: The visual acuity elements of the image can have a variety of sizes within the image and/or the size of the visual acuity elements can be varied by the ophthalmic system) of the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]);
monitoring a patient’s eyes to collect a first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) as the patient attempts to view the optotype;
based on the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]), adjusting the orientation, the contrast, and the color of one or more optotype ([1521]: the ophthalmic system may modify the color, magnification, shape, intensity, and/or distortion of an image) in the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]).
However, Samec does not disclose a method including prompting the patient to match a first model optotype with a first target optotype in the array of optotypes; and
prompting the patient to match a second model optotype with a second target optotype in the array of optotypes.
Samec and Cyert are related as both pertaining to the field of optical testing. Cyert discloses a method including prompting the patient to match a first model optotype with a first target optotype in the array of optotypes (Page 680: The examiner showed cards containing single, large optotypes to the child at a distance of about 1 m. The child’s task was to match each optotype to the correct one on a lap card or to identify the optotype verbally.); and
prompting the patient to match a second model optotype with a second target optotype in the array of optotypes (Page 680: the child must identify at least four different optotypes; thus, the child must identify at least four target optotypes).
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 virtual reality device of Samec with the optotype matching method of Cyert in order to create a visual acuity test which is appropriate for preschool age children (Cyert, Page 678).
With respect to Claim 2, Samec discloses the method of Claim 1, and further discloses wherein displaying the virtual environment ([1502]: 3D images are provided to the eyes of the user) comprises displaying a white background ([1695]: The image provided by the ophthalmic system can be a stored image, such as a standard eye chart which utilizes a white background; see Fig. 14—element 1420), and displaying the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]) comprises displaying the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]), wherein each optotype is black ([1695]: The image provided by the ophthalmic system can be a stored image, such as a standard eye chart which utilizes a black optotypes; see Fig. 14—element 1420).
With respect to Claim 3, Samec discloses the method of Claim 1, and further discloses wherein displaying the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]) comprises displaying the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]), wherein a size of each optotype in the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]) incrementally decreases throughout the array ([1695]: The image provided by the ophthalmic system can be a stored image, such as a standard eye chart which utilizes optotypes that decrease in size; see Fig. 14—element 1420).
With respect to Claim 4, Samec discloses the method of Claim 1, and further discloses wherein monitoring the patient’s eyes to collect the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) comprises continuously monitoring the patient’s eyes ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in the eye).
With respect to Claim 5, Samec discloses the method of Claim 1, and discloses further comprising:
monitoring the patient’s eyes to collect a second input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the modified image through analysis of optical characteristics of the wearer; [1704]-[1705]) as the patient attempts to view the optotype ([1705]: the user input is automatically determined through analysis of optical characteristics of the wearer as the wearer observes the image) ; and
when the first and second inputs (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the unmodified and modified image through analysis of optical characteristics of the wearer; [1704]-[1705]), respectively, decreasing the contrast ([1521]: the ophthalmic system may modify the intensity of an image) of each optotype in the array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]).
However, Samec does not explicitly disclose when the first and second inputs suggest that the patient successfully views the optotype, respectively, decreasing the contrast of each optotype in the array of optotypes
Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. See In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). See also MPEP § 2112.02.
Therefore, the device may inherently perform the step of adjusting the image after a patient successfully views the optotype because the structure of device required to perform the claimed method is the same as the device disclosed by Samec.
However, Samec does not disclose a method including prompting the patient to match the first and second model optotypes with the first and second target optotypes.
Samec and Cyert are related as both pertaining to the field of optical testing. Cyert discloses a method including prompting the patient to match the first and second model optotypes with the first and second target optotypes (Page 680: The examiner showed cards containing single, large optotypes to the child at a distance of about 1 m. The child’s task was to match each optotype to the correct one on a lap card or to identify the optotype verbally. This is repeated at least four times).
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 virtual reality device of Samec with the optotype matching method of Cyert in order to create a visual acuity test which is appropriate for preschool age children (Cyert, Page 678).
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 6-9, 11-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samec (US20160270656A1).
With respect to Claim 6, Samec discloses a method for vision training using feedback-adjusted visual challenges, the method comprising:
displaying a virtual environment ([1502]: 3D images are provided to the eyes of the user) on screens (Fig. 14-- element 1402, virtual reality display platform; [1686]) of a virtual reality (VR) headset (Fig. 14-- element 1400, virtual reality device; [1686]) worn by a patient;
displaying a visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) at a first position ([1686]: the image may be displayed at various focal lengths) in the virtual environment ([1502]: 3D images are provided to the eyes of the user);
prompting the patient to complete the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) while the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) is at the first position ([1686]: the image may be displayed at various focal lengths);
monitoring a patient’s eyes to collect a first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) as the patient attempts to complete the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]);
based (Fig. 15—element 1510, the image is modified based on user input) on the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]), moving the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) from the first position ([1686]: the image may be displayed at various focal lengths) to a second position ([1686]: the image may be displayed at various focal lengths) in the virtual environment ([1502]: 3D images are provided to the eyes of the user); and
prompting the patient to complete the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) while the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) is at the second position ([1686]: the image may be displayed at various focal lengths).
With respect to Claim 7, Samec discloses the method of Claim 6, and further discloses wherein displaying the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) comprises displaying an array of optotypes (Fig. 15-- element 1504, image may include symbols or icons; [1702]).
With respect to Claim 8, Samec discloses the method of Claim 6, and further discloses comprising changing a type or difficulty ([1702]: The visual acuity elements of the image can have a variety of sizes within the image and/or the size of the visual acuity elements can be varied by the ophthalmic system) of the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) when moving the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) from the first position ([1686]: the image may be displayed at various focal lengths) to the second position ([1686]: the image may be displayed at various focal lengths).
With respect to Claim 9, Samec discloses the method of Claim 6, and further discloses wherein moving the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) from the first position ([1686]: the image may be displayed at various focal lengths) to the second position ([1686]: the image may be displayed at various focal lengths) comprises changing a position of the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) along one or more of an x-axis, a y-axis, or a z-axis, wherein the x-axis extends left and right relative to the patient, the y-axis extends up and down relative to the patient, and the z-axis extends away from and towards the patient ([1686]: changing the focal length of the image is equivalent to moving the image along a z-axis).
With respect to Claim 11, Samec discloses the method of Claim 6, and further discloses wherein monitoring the patient’s eyes to collect the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) comprises continuously monitoring the patient’s eyes ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in the eye) as the patient attempts to complete the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]).
With respect to Claim 12, Samec discloses the method of Claim 6, and further discloses wherein monitoring the patient’s eyes to collect the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) comprises monitoring eye movements of the patient ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in movement of an eye).
With respect to Claim 13, Samec discloses the method of Claim 6, and further discloses wherein monitoring the patient’s eyes to collect the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) comprises monitoring eye movements and pupillary responses of the patient ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in movement of an eye and pupil size).
With respect to Claim 14, Samec discloses the method of Claim 6, and further discloses wherein monitoring the patient’s eyes to collect the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) comprises monitoring a time taken ([1598]: the quality of an image can be gradually enhanced or diminished every 30-60 seconds and/or when the ophthalmic system detects that the eyes become more misaligned. As another example, an image can be enhanced or diminished for a time period and then that effect can be removed for a second time period. This can be alternated over the treatment period) by the patient to complete the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) when the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) is at the first position ([1686]: the image may be displayed at various focal lengths).
With respect to Claim 16, Samec discloses the method of Claim 6, and further comprising processing ([1710]: ophthalmic system can compare the measured accommodation, vergence, and/or pupil size to an expected accommodation, vergence, and/or pupil size. If one or more of the measured characteristics are within a targeted range of the one or more expected characteristics, then the ophthalmic system can determine that the wearer is comfortably or correctly seeing the image) the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) to analyze ([1705]: user input received in block 1506 is automatically determined through analysis of physical and/or optical characteristics of the wearer) an eye movement accuracy of the patient ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in movement of an eye).
With respect to Claim 17, Samec discloses the method of Claim 6, and further comprising processing ([1710]: ophthalmic system can compare the measured accommodation, vergence, and/or pupil size to an expected accommodation, vergence, and/or pupil size. If one or more of the measured characteristics are within a targeted range of the one or more expected characteristics, then the ophthalmic system can determine that the wearer is comfortably or correctly seeing the image) the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) to analyze ([1705]: user input received in block 1506 is automatically determined through analysis of physical and/or optical characteristics of the wearer) an eye movement speed ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in movement of an eye) of the patient.
With respect to Claim 18, Samec discloses the method of Claim 6, and further comprising processing ([1710]: ophthalmic system can compare the measured accommodation, vergence, and/or pupil size to an expected accommodation, vergence, and/or pupil size. If one or more of the measured characteristics are within a targeted range of the one or more expected characteristics, then the ophthalmic system can determine that the wearer is comfortably or correctly seeing the image) the first input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the image through analysis of optical characteristics of the wearer; [1704]-[1705]) to analyze ([1705]: user input received in block 1506 is automatically determined through analysis of physical and/or optical characteristics of the wearer) an eye movement stability ([1671]: the ophthalmic system may include an eye-tracking system to monitor for changes in movement of an eye) of the patient.
With respect to Claim 19, Samec discloses a system for vision training using feedback-adjusted visual challenges, the system comprising:
a virtual reality (VR) headset (Fig. 14-- element 1400, virtual reality device; [1686]) worn by a patient, the VR headset (Fig. 14-- element 1400, virtual reality device; [1686]) comprising screens (Fig. 14-- element 1402, virtual reality display platform; [1686]), one or more eye-tracking sensors, and one or more eye-tracking cameras ([1770]: eye tracking system may utilize forward facing cameras), the one or more eye-tracking sensors ([1768]: gaze direction is determined via sensors) and cameras ([1770]: eye tracking system may utilize forward facing cameras) being configured to collect eye data ([1768] - [1770]: sensors and cameras are used for eye tracking); and
a computing device ([2212]: methods may be executed by a computer processor) in electronic communication with the VR headset (Fig. 14-- element 1400, virtual reality device; [1686]), the computing device ([2212]: methods may be executed by a computer processor) being configured to cause a virtual environment ([1502]: 3D images are provided to the eyes of the user) to be displayed on the screens (Fig. 14-- element 1402, virtual reality display platform; [1686]), to cause a visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) to be displayed in the virtual environment ([1502]: 3D images are provided to the eyes of the user), and to process the eye data to adjust the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]),
wherein the eye data comprises eye movements and fixation points of the patient ([1710]: ophthalmic system can compare the measured accommodation, vergence, and/or pupil size to an expected accommodation, vergence, and/or pupil size. If one or more of the measured characteristics are within a targeted range of the one or more expected characteristics, then the ophthalmic system can determine that the wearer is comfortably or correctly seeing the image) while the patient completes the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]).
With respect to Claim 20, Samec discloses the system of Claim 19, further comprising a handheld device ([1588]: a smartphone may provide may provide the user interface) in electronic communication with the VR headset (Fig. 14-- element 1400, virtual reality device; [1686]) and the computing device ([2212]: methods may be executed by a computer processor), wherein the handheld device ([1588]: a smartphone may provide the user interface) is configured to receive input from the patient ([1588]: the patient may provide input to the interface in order to provide input to the device) as the patient completes the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]).
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 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Samec (US20160270656A1).
With respect to Claim 10, Samec discloses the method of Claim 6, and further discloses wherein displaying the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) at the first position ([1686]: the image may be displayed at various focal lengths) occurs at a first time ([1718]: method 1500 is performed in real time), wherein moving the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) from the first position ([1686]: the image may be displayed at various focal lengths) to the second position ([1686]: the image may be displayed at various focal lengths) occurs at a second time ([1718]: method 1500 is performed in real time, the image will move to a second position at a time after the patient fails to view the image at a first position).
However, Samec does not explicitly disclose wherein the method further comprises changing a number of milliseconds between the first time and the second time.
Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. See In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). See also MPEP § 2112.02.
Therefore, the device may inherently perform the step of adjusting the number of milliseconds between the first time and the second time because the structure of device required to perform the claimed method is the same as the device disclosed by Samec.
With respect to Claim 15, Samec discloses the method of Claim 6, and further comprising:
monitoring the patient’s eyes to collect a second input (Fig. 15-- element 1506, the ophthalmic system receives user input regarding the modified image through analysis of optical characteristics of the wearer; [1704]-[1705]) as the patient attempts to complete the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) when the visual task (Fig. 14-- element 1420, virtual eye test chart; [1686]) is at the second position ([1686]: the image may be displayed at various focal lengths).
However, Samec does not explicitly disclose wherein when the first and second inputs suggest that the patient is successfully completing the visual task, increasing a difficulty of the visual task.
Under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will inherently perform the claimed process. See In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). See also MPEP § 2112.02.
Therefore, the device may inherently perform the step of adjusting the image presented to the patient when the patient successfully completes the visual task because the structure of device required to perform the claimed method is the same as the device disclosed by Samec.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wahl (US20240268660A1) discloses aspects of the instant invention, see Fig. 2a and [0384]-[0389].
Mills (US20230035668A1) discloses aspects of the instant invention, see Fig. 7 and [0086]-[0089].
Lessem (US20190038125A1) discloses aspects of the instant invention, see Fig. 1 and [0299].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACKENZI BOURQUINE whose telephone number is (571)272-5956. The examiner can normally be reached Monday - Friday 8:30 - 4:30 EST.
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, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MACKENZI BOURQUINE/ Examiner, Art Unit 2872
/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
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