Prosecution Insights
Last updated: August 12, 2026
Application No. 18/885,482

DETERMINATION OF SIGHTLINE-BASED CORRECTIVE MEASURES OF EYEWEAR

Non-Final OA §103
Filed
Sep 13, 2024
Examiner
HUSTOFT, JUSTIN WAYNE
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Zenni Optical Inc.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
59 granted / 88 resolved
-1.0% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
28 currently pending
Career history
126
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 88 resolved cases

Office Action

§103
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 were received on 09/13/2024. These drawings are acceptable. 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 1-6, 10-12, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al. US PGPub 2021/0290053 A1 (of record as US Patent 11,793,403 B2, see IDS dated 05/30/2025, hereinafter, “Tran”) in view of Mansouri et al. US PGPub 2023/0200644 A1 (hereinafter, “Mansouri”). Regarding independent claim 1, Tran discloses a method for implementing a vision test (refer to title and abstract disclosing apparatus, systems, and methods for vision assessment, equivalent to a method for implementing a vision test, and see Fig. 4 depicting a flow diagram for an exemplary method for performing visual assessment, par. [0141]), comprising: at an electronic device including one or more processors, memory storing instructions, and a head-mounted display (HMD) (Fig. 1A and 1B, head-mountable display 100, par. [0073], and Fig. 2A, head-mountable virtual reality device 208 includes computing device 202 with computing hardware 204 and memory hardware 206, par. [0107], where computer-executable instructions implementing the techniques disclosed can be encoded on the memory hardware 206, par. [0111]): executing a visual assessment application, including displaying a user interface to create a 3D virtual environment (Fig. 2A, head-mountable VR device 208 includes a visual interface in the form of display 210, par. [0113], and display 210 can display a different image to each eye of the user to provide a 3D visual field, par. [0114], and the head-mountable device is used to display targets in a virtual reality environment rendered by a display, par. [0123]); identifying a plurality of horizontal lines of sight (Figs. 5A and 5C, display 500 can be untextured in a right eye-display 502 including a first visual stimulus 504, a broken line, and in exemplary scenario 510a, the first visual stimulus 504 is in a horizontal orientation par. [0163], first and second visual stimuli 504 and 508 can have a different configuration, such as a solid horizontal line in the right eye-display and a solid horizontal line with a spot disposed beneath in the left eye-display, par. [0164]); for each horizontal line of sight: rendering a respective visual stimulus on the respective horizontal line of sight (Fig. 2B, user computing device 230 includes computing hardware 232 and memory hardware 234 and display 238 that can render visual stimuli, par. [0122]); obtaining a user response to the respective visual stimulus (in the combined binocular perception of the user, shown between the right eye-display 502 and the left eye-display 506, the second visual stimulus 508 is generally aligned by the user so as to coincide perceptually with the first visual stimulus 504, such as the spot being generally centered with the gap in the broken line, par. [0163], and the user may be asked to adjust the relative rotations of the left eye image and the right eye image until the two lines appear to be parallel to each other, par. [0164]); and dynamically adjusting stimulus parameters of the respective visual stimulus based on the user response (patient must cause the accommodative power of the implanted lens to change, so as to bring the display into focus, thereby compensating for the display's dynamically changing accommodative demand, par. [0100]). Tran does not disclose, based on the stimulus parameters associated with each horizontal line of sight, determining an eyewear prescription of an eyewear for a user associated with the electronic device, the eyewear prescription including prescription parameters corresponding to the plurality of horizontal lines of sight (Tran teaches the use of the system while a person is wearing prescribed ophthalmic lens, par. [0147], therefore the system disclosed by Tran is not intended to produce a prescription for eyewear). In the same field of invention, Mansouri discloses a method for implementing a vision test (eye examination apparatus, abstract, see Fig. 1e showing eye examination apparatus 100, par. [0037]) at an electronic device including one or more processors, memory storing instructions, and a head-mounted display (Fig. 1e, eye examination apparatus 100 has a headband 112 and 113 for securing the eye examination apparatus 100 to the user, par. [0037], and Fig. 1p shows flowchart of a computer-implemented method of performing an eye examination that can be executed by at least one processor of a smartphone that downloads and executes an app to enable the computer-implemented method, par. [0065], where Examiner understands “an app” to refer to a computer program or software application designed to be executed on a smartphone or other mobile computing device) and determining an eyewear prescription of an eyewear for a user associated with the electronic device (Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Mansouri to the disclosure of Tran and included a refraction apparatus to enable eye examination, because Mansouri teaches a refraction apparatus that is optional and detachable (Mansouri, par. [0053]), and such a device is an improvement over other available portable eye-examination devices (Mansouri, par. [0047]). Regarding dependent claim 2, Tran in view of Mansouri (hereinafter, “modified Tran”) discloses the method of Claim 1, wherein the stimulus parameters includes at least a stimulus depth and a stimulus size (Tran teaches visual targets that are stereoscopic, i.e., visual targets that induce disparity to an individual's vision and are seen to have depth, can be used for testing, and further teaches the size of the visual target can be manipulated, par. [0084]). Tran does not disclose prescription parameters, therefore does not teach that such parameters corresponding to each horizontal line of sight is determined based on the stimulus parameters of the respective visual stimulus associated with the respective horizontal line of sight (as noted above, Tran teaches the use of the system while a person is wearing prescribed ophthalmic lens, par. [0147], therefore the system disclosed by Tran is not intended to produce a prescription for eyewear). Mansouri discloses eye examination apparatus 100 equipped with refraction apparatus 188 for refraction eye examination (par. [0053]). Therefore, the prior art combination of Tran in view of Mansouri thus teaches and renders obvious the limitation wherein the prescription parameters corresponding to each horizontal line of sight is determined based on the stimulus parameters of the respective visual stimulus associated with the respective horizontal line of sight, because Tran discloses the inclusion of horizontal lines of sight and stimulus parameters (Tran Fig. 2B, display 238 that can render visual stimuli, par. [0122]), and Mansouri teaches the examination of eyes with a refraction apparatus (Mansouri Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]), therefore the combination can output a prescription with parameters corresponding to the visual stimulus at each horizontal line of sight. Regarding dependent claim 3, modified Tran discloses the method of Claim 1, and Tran further discloses wherein every two immediately adjacent lines of sight of the plurality of horizontal lines of sight are separated by 15-30 degrees, inclusively (Tran teaches objects can be spaced in a lattice with 30 degrees spacing, par. [0145]). Regarding dependent claim 4, modified Tran discloses the method of Claim 1, wherein the eyewear further includes parameters corresponding to a plurality of lifted lines of sight or a plurality of lowered lines of sight (Tran teaches progressive lenses and multifocal lenses can be utilized with HMD 100, pars. [0094-95], where accommodative demand of the stimulus is different at different positions in the display, allowing the visual stimuli to mimic natural vision where objects that are closer are viewed at a lower portion of the field of view and objects that are farther away are viewed at an upper portion of the field of view, thus requiring lifting or lowering of the line of sight of the user). Tran does not disclose eyewear prescription parameters, therefore does not teach that such parameters corresponding to a plurality of lifted lines of sight or a plurality of lowered lines of sight (as noted above, Tran teaches the use of the system while a person is wearing prescribed ophthalmic lens, par. [0147], therefore the system disclosed by Tran is not intended to produce a prescription for eyewear). Mansouri discloses eye examination apparatus 100 equipped with refraction apparatus 188 for refraction eye examination (par. [0053]). Therefore, the prior art combination of Tran in view of Mansouri thus teaches and renders obvious the limitation wherein the parameters corresponding to a plurality of lifted lines of sight or a plurality of lowered lines of sight are included in the eyewear prescription because Tran discloses the inclusion of horizontal lines of sight and stimulus parameters (Tran Fig. 2B, display 238 that can render visual stimuli, par. [0122]), and Mansouri teaches the examination of eyes with a refraction apparatus (Mansouri Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]), therefore the combination can output a prescription with parameters corresponding to a plurality of lifted lines of sight or a plurality of lowered lines of sight. Regarding dependent claim 5, modified Tran discloses the method of Claim 4, and Tran discloses the method further comprising: for each of the plurality of lifted lines of sight or the plurality of lowered lines of sight, dynamically adjusting stimulus parameters of the respective visual stimulus based on a user response to a respective visual stimulus displayed on the respective line of sight (Tran teaches the patient must cause the accommodative power of the implanted lens to change, so as to bring the display into focus, thereby compensating for the display's dynamically changing accommodative demand, par. [0100]). Regarding dependent claim 6, modified Tran discloses the method of Claim 1, and Tran further discloses wherein the output maps a plurality of lines of sight including the plurality of horizontal lines of sight (Tran Figs. 5A and 5C, display 500 can be untextured in a right eye-display 502 including a first visual stimulus 504, a broken line, and in exemplary scenario 510a, the first visual stimulus 504 is in a horizontal orientation par. [0163], first and second visual stimuli 504 and 508 can have a different configuration, such as a solid horizontal line in the right eye-display and a solid horizontal line with a spot disposed beneath in the left eye-display, par. [0164]). Tran does not disclose eyewear prescription parameters, therefore does not teach the eye prescription maps a plurality of lines of sight including the plurality of horizontal lines of sight with respective prescription parameters (as noted above, Tran teaches the use of the system while a person is wearing prescribed ophthalmic lens, par. [0147], therefore the system disclosed by Tran is not intended to produce a prescription for eyewear). Mansouri teaches the examination of eyes with a refraction apparatus (Mansouri Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]). Therefore, the prior art combination of Tran in view of Mansouri thus teaches and renders obvious the limitation wherein the eye prescription maps a plurality of lines of sight including the plurality of horizontal lines of sight with respective prescription parameters, because Tran discloses a plurality of lines of sight including the plurality of horizontal lines of sight (Tran Fig. 2B, display 238 that can render visual stimuli, par. [0122], including Fig. 5A showing first visual stimulus 504), and Mansouri teaches the examination of eyes with a refraction apparatus (Mansouri Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]), therefore the combination can map a plurality of lines of sight including the plurality of horizontal lines of sight with respective prescription parameters. Regarding dependent claim 10, modified Tran discloses the method of Claim 1, and Tran further discloses wherein a horizontal field of view is divided substantially evenly to identify the plurality of horizontal lines of sight (Tran Fig. 5C shows left and right eye views with visual stimuli, where the field of view is divided substantially evenly for the plurality of horizontal lines of sight, pars. [0163-164]). Regarding dependent claim 11, modified Tran discloses the method of Claim 1, and Tran further discloses the method wherein the respective visual stimulus displayed on each horizontal line of sight includes a predefined visual stimulus (Tran teaches the first and second visual stimuli are a spot and a line, par. [0165], which are equivalent to predefined visual stimuli). Regarding dependent claim 12, modified Tran discloses the method of Claim 1, and Tran further discloses wherein respective visual stimuli of the plurality of horizontal lines of sight are rendered successively to determine a respective subset of the eyewear prescription for each respective horizontal line of sight (Tran teaches a series of visual stimuli, pars. [0022] and [0032], equivalent to visual stimuli of the plurality of horizontal lines of sight rendered successively to determine a respective subset of the eyewear prescription for each respective horizontal line of sight). Regarding dependent claim 13, modified Tran discloses the method of Claim 12, and Tran further discloses wherein the respective visual stimuli are rendered successively in the plurality of horizontal lines of sight according to a random order (Tran teaches accommodative or vergence demand of the stimulus can be varied over time, by varying the accommodative or vergence demand according to a pseudo-random binary sequence, par. [0155], equivalent to a random order). Regarding dependent claim 14, modified Tran discloses the method of Claim 1, and Tran discloses the method further comprising, for each of the plurality of horizontal lines of sight: determining a stress level based on the user response to the respective visual stimulus displayed in the respective horizontal line of sight (Tran teaches the amount of stress the individual's vision can tolerate is measured in degrees of visual angle or prism diopters and is performed by progressively increasing vergence stress via the vision assessment system, par. [0148]); and in accordance with a determination that the stress level satisfies a response criterion, associating the respective horizontal line of sight with the respective stimulus parameters (Tran teaches that as the vergence stress is increased, the user's vergence eye posture will adapt so as to minimize the absolute retinal disparity of the images, and the amount of vergence demand the individual can withstand prior to deterioration of an images appearance, i.e., an image becoming apparently blurry or diplopic, can be recorded, par. [0148]). Regarding dependent claim 15, modified Tran discloses the method of Claim 1, and Tran further discloses wherein the user response include a user input captured by a subset of one or more sensors of the electronic device, and the one or more sensors include a forward facing camera for detecting a hand gesture, a microphone for collecting an audio response, and a controller for receiving a user physical force (Tran teaches user input can be received via one or more of a gesture and motion tracking device which can recognize movements and gestures of user's hand, arm, other body parts, the entire body, etc., a microphone that receives audible/voice input from the user, at least one camera, par. [0105]). Regarding dependent claim 16, modified Tran discloses the method of Claim 1, and Tran further discloses wherein the user response includes a spontaneous user response monitored by a subset of one or more second sensors of the electronic device, and the one or more second sensors include one or more of: an eye tracking camera (Tran teaches eye-tracking sensors, par. [0104]), a heart rate sensor, a body temperature sensor (Tran teaches a body temperature sensor, par. [0105]), a blood oxygen level, a Galvanic skin response sensor, a hand gesture camera, a body gesture camera, a microphone, a motion sensor, and a set of one or more brain activity electrodes (Tran teaches a brain activity sensor, par. [0105]). Regarding dependent claim 17, modified Tran discloses the method of Claim 1, and Tran discloses the method further comprising: determining whether the HMD is oriented forward, wherein the respective visual stimulus is rendered and the user response is obtained and processed in accordance with a determination that the HMD is oriented forward (Tran teaches user input can be acquired via tracking of movements of head and/or eyes of the user wearing a head-mountable device via built-in head-tracking and/or eye-tracking sensors, par. [0104], therefore, as best understood by the Examiner, the head-mountable device disclosed by Tran must be oriented such that the eyes of the patient are in view of the eye-tracking sensors, and the orientation of the head-mountable device wherein the eyes of the user are in view of the sensors can be labeled a forward orientation, and for the device disclosed by Tran to function as intended, a user must recognize when the device is oriented forward to receive stimuli from the device properly). Regarding dependent claim 18, modified Tran discloses the method of Claim 1, wherein a first horizontal line of sight is immediately adjacent to a second horizontal line of sight (Tran, Figs. 5C and 5D, visual stimulus 504 is a broken line, par. [0163], equivalent to a first horizontal line of sight is immediately adjacent to a second horizontal line of sight), the method further comprising: setting initial parameters of the respective visual stimulus of the second horizontal line of sight based on at least the stimulus parameters determined for the respective visual stimulus of the first horizontal line of sight (Tran teaches the ability of the systems disclosed to measure phoria can be assessed by having the user adjust the positions of monocularly visible elements, such as visual stimuli 504 and 508, to make them appear in a specific orientation, and a baseline vertical measurement can be made followed by a second measurement made when a base-up or base-down a displacing prism is installed, and if the user's vertical deviation does not change, then the user's visual setting should change by the amount of the displacing prism, and Tran teaches such results may indicate that the test is performing correctly, par. [0173], equivalent to a setting initial parameters based on a first horizontal line of sight for a second horizontal lines of sight, as best understood by the Examiner). Regarding independent claim 19, Tran discloses a non-transitory computer readable storage medium (machine-readable medium can store machine instructions non-transitorily, such as a non-transient solid-state memory or a magnetic hard drive or any equivalent storage medium, par. [0215]), storing one or more programs for execution by one or more processors of an electronic device (Fig. 2A, system comprises one or more processor apparatus and one or more computer-readable storage media having a plurality of computer-executable instructions stored thereon, par. [0029], and computer-executable instructions implementing the techniques disclosed by Tran can be encoded on the memory hardware 206, par. [0111]) having an HMD (Fig. 2A, head-mountable VR device 208, par. [0113]), the one or more programs including instructions for: executing a visual assessment application, including displaying a user interface to create a 3D virtual environment (Fig. 2A, display 210 of the VR device 208 can display a different image to each eye of the user, thereby providing the user a sense of depth and 3D vision, par. [0114], and the head-mountable device is used to display targets in a virtual reality environment rendered by a display, par. [0123]); identifying a plurality of horizontal lines of sight (Figs. 5A and 5C, display 500 with right eye-display 502 displaying a first visual stimulus 504 in the form of a broken line, and in exemplary scenario 510a, the first visual stimulus 504 is in a horizontal orientation, par. [0163], and first and second visual stimuli 504 and 508 can have a different configuration, such as a solid horizontal line in the right eye-display and a solid horizontal line with a spot disposed beneath in the left eye-display, par. [0164]); for each horizontal line of sight: rendering a respective visual stimulus on the respective horizontal line of sight (Fig. 2B, user computing device 230 includes computing hardware 232 and memory hardware 234 and display 238 that can render visual stimuli, par. [0122]); obtaining a user response to the respective visual stimulus (in the combined binocular perception of the user, shown between the right eye-display 502 and the left eye-display 506, the second visual stimulus 508 is generally aligned by the user so as to coincide perceptually with the first visual stimulus 504, such as the spot being generally centered with the gap in the broken line, par. [0163], the user may be asked to adjust the relative rotations of the left eye image and the right eye image until the two lines appear to be parallel to each other, par. [0164]); and dynamically adjusting stimulus parameters of the respective visual stimulus based on the user response (patient must cause the accommodative power of the implanted lens to change, so as to bring the display into focus, thereby compensating for the display's dynamically changing accommodative demand, par. [0100]); and Tran does not disclose, based on the stimulus parameters associated with each horizontal line of sight, determining an eyewear prescription of an eyewear for a user associated with the electronic device, the eyewear prescription including prescription parameters corresponding to the plurality of horizontal lines of sight (Tran teaches the use of the system while a person is wearing prescribed ophthalmic lens, par. [0147], therefore the system disclosed by Tran is not intended to produce a prescription for eyewear). In the same field of invention, Mansouri discloses a method for implementing a vision test (eye examination apparatus, abstract, see Fig. 1e showing eye examination apparatus 100, par. [0037]) at an electronic device including one or more processors, memory storing instructions, and a head-mounted display (Fig. 1e, eye examination apparatus 100 has a headband 112 and 113 for securing the eye examination apparatus 100 to the user, par. [0037], and Fig. 1p shows flowchart of a computer-implemented method of performing an eye examination that can be executed by at least one processor of a smartphone that downloads and executes an app to enable the computer-implemented method, par. [0065], where Examiner understands “an app” to refer to a computer program or software application designed to be executed on a smartphone or other mobile computing device) and determining an eyewear prescription of an eyewear for a user associated with the electronic device (Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Mansouri to the disclosure of Tran and included a refraction apparatus to enable eye examination, because Mansouri teaches a refraction apparatus that is optional and detachable (Mansouri, par. [0053]), and such a device is an improvement over other available portable eye-examination devices (Mansouri, par. [0047]). Regarding independent claim 20, Tran discloses an electronic device, comprising: an HMD (Fig. 2A, head-mountable VR device 208, par. [0113]); one or more processors (Fig. 2A, system comprises one or more processor apparatus and one or more computer-readable storage media having a plurality of computer-executable instructions stored thereon, par. [0029], and computer-executable instructions implementing the techniques disclosed by Tran can be encoded on memory hardware 206, par. [0111]); and memory for storing one or more programs for execution by the one or more processors (Fig. 2A, system 200 includes computing device 202, computing hardware 204, memory hardware 206, and head-mountable virtual reality device 208, par. [0107]), the one or more programs including instructions (machine-readable medium can store machine instructions non-transitorily, such as a non-transient solid-state memory or a magnetic hard drive or any equivalent storage medium, par. [0215]) for: executing a visual assessment application, including displaying a user interface to create a 3D virtual environment (Fig. 2A, display 210 of the VR device 208 can display a different image to each eye of the user, thereby providing the user a sense of depth and 3D vision, par. [0114], and head-mountable device is used to display targets in a virtual reality environment rendered by a display, par. [0123]); identifying a plurality of horizontal lines of sight (Figs. 5A and 5C, display 500 can be untextured in a right eye-display 502 including a first visual stimulus 504, a broken line, and in exemplary scenario 510a, the first visual stimulus 504 is in a horizontal orientation par. [0163], first and second visual stimuli 504 and 508 can have a different configuration, such as a solid horizontal line in the right eye-display and a solid horizontal line with a spot disposed beneath in the left eye-display, par. [0164]); for each horizontal line of sight: rendering a respective visual stimulus on the respective horizontal line of sight (Fig. 2B, user computing device 230 includes computing hardware 232 and memory hardware 234 and display 238 that can render visual stimuli, par. [0122]); obtaining a user response to the respective visual stimulus (in the combined binocular perception of the user, shown between the right eye-display 502 and the left eye-display 506, the second visual stimulus 508 is generally aligned by the user so as to coincide perceptually with the first visual stimulus 504, such as the spot being generally centered with the gap in the broken line, par. [0163], the user may be asked to adjust the relative rotations of the left eye image and the right eye image until the two lines appear to be parallel to each other, par. [0164]); and dynamically adjusting stimulus parameters of the respective visual stimulus based on the user response (patient must cause the accommodative power of the implanted lens to change, so as to bring the display into focus, thereby compensating for the display's dynamically changing accommodative demand, par. [0100]). Tran does not disclose, based on the stimulus parameters associated with each horizontal line of sight, determining an eyewear prescription of an eyewear for a user associated with the electronic device, the eyewear prescription including prescription parameters corresponding to the plurality of horizontal lines of sight (Tran teaches the use of the system while a person is wearing prescribed ophthalmic lens, par. [0147], therefore the system disclosed by Tran is not intended to produce a prescription for eyewear). In the same field of invention, Mansouri discloses a method for implementing a vision test (eye examination apparatus, abstract, see Fig. 1e showing eye examination apparatus 100, par. [0037]) at an electronic device including one or more processors, memory storing instructions, and a head-mounted display (Fig. 1e, eye examination apparatus 100 has a headband 112 and 113 for securing the eye examination apparatus 100 to the user, par. [0037], and Fig. 1p shows flowchart of a computer-implemented method of performing an eye examination that can be executed by at least one processor of a smartphone that downloads and executes an app to enable the computer-implemented method, par. [0065], where Examiner understands “an app” to refer to a computer program or software application designed to be executed on a smartphone or other mobile computing device) and determining an eyewear prescription of an eyewear for a user associated with the electronic device (Fig. 1k shows eye examination apparatus 100 is equipped with refraction apparatus 188 for refraction eye examination, par. [0053]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Mansouri to the disclosure of Tran and included a refraction apparatus to enable eye examination, because Mansouri teaches a refraction apparatus that is optional and detachable (Mansouri, par. [0053]), and such a device is an improvement over other available portable eye-examination devices (Mansouri, par. [0047]). Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tran in view of Mansouri as applied to claim 1 above, and further in view of Gamliel et al. US PGPub 2018/0252942 A1 (hereinafter, “Gamliel”). Regarding dependent claim 7, modified Tran discloses the method of Claim 6, and Mansouri discloses the method further comprising: identifying a selection of an eyewear lens (Mansouri teaches results of the refraction eye examination are sent to a host computer for evaluation and/or to order online prescription eyeglasses, par. [0056], where Examiner understands ordering online prescription eyeglasses to be equivalent to selection of an eyewear lens). The prior art combination of Tran in view of Mansouri does not disclose the limitation based on the selection of the eyewear lens, converting the respective prescription parameters of the plurality of lines of sight to a lens map, the lens map associating a plurality of lens portions of the eyewear lens with a plurality of correction powers (Tran, as noted above, does not produce a refractive power corrective prescription, and Mansouri teaches the inclusion of a refraction apparatus 188 to measure a prescription for eyewear, par. [0053], but Mansouri does not explicitly teach or suggest mapping a prescription to a plurality of lens portions). In a related field of invention, Gamliel discloses a system for automatic eyewear measurement and specification (refer to title and abstract) with optical lens design module 90 that includes a custom progressive addition lens (PAL) design module 94 that generates a spatial focusing map M of the lens, shown in see Fig. 6C (refer to pars. [0365-377]). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to have applied the teachings of Gamliel to the disclosure of Tran and included a design module in the HMD 100 and/or the head-mountable virtual reality device 208, because Gamliel teaches the careful selection of features for lenses to be used in optical glasses has the potential to significantly improve the quality of life of any wearer of glasses (Gamliel, par. [0095]) and such a system will output prescriptions for eyewear that are better suited for specific activities of the wearer (Gamliel, par. [0418]). Regarding dependent claim 8, the prior art combination of Tran, Mansouri, and Gamliel discloses the method of Claim 7, converting the respective prescription parameters of the plurality of lines of sight to the lens map and Gamliel discloses the method further comprising, for each of the plurality of lines of sight: identifying a respective lens portion of the eyewear lens (Gamliel teaches the viewing region of the lens may be defined by the lens region usage parameters of the reference data, refer to Figs. 6A, 6B, and 6C, par. [0375]); determining a respective correction power for the respective lens portion based on the respective prescription parameters corresponding to the respective line of sight (Gamliel Fig. 6C, spatial focusing map M indicates focusing distances to which the user focuses his gaze when looking through various regions of the lens, par. [0375], where the focusing distances are related to respective corrective powers for the respective lens portions). Regarding dependent claim 9, the prior art combination of Tran, Mansouri, and Gamliel discloses the method of Claim 7, and Gamliel discloses wherein the eyewear lens is not evenly divided to provide the plurality of lens portions (Gamliel Fig. 6C, spatial focusing map M is depicted as not evenly divided to provide the plurality of lens portions, because portions at the edge of map M are different sizes). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Krukowski et al. US PGPub 2021/0330185 A1 discloses a method for implementing a vision test (Fig. 2, schematic diagram of a system including vision assessment device, par. [0012]), a non-transitory computer readable storage medium (computer-readable media such as random access memory and read-only memory, par. [0257]), storing one or more programs for execution by one or more processors of an electronic device (computer program code for carrying out operations of the present invention may be written in any combination of one or more programming languages, par. [0257]) and an HMD (VR-HMD 32, par. [0059]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin W Hustoft whose telephone number is (571)272-4519. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM Eastern Time. 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, Ricky L Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUSTIN W. HUSTOFT/Examiner, Art Unit 2872 /George G. King/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Sep 13, 2024
Application Filed
Jul 14, 2026
Non-Final Rejection mailed — §103 (current)

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Patent 12674998
OPTICAL IMAGING SYSTEM AND DEVICE FOR FLOATING DISPLAY, AND SURROUND-VIEW DISPLAY DEVICE
3y 11m to grant Granted Jul 07, 2026
Patent 12672774
Method for Visual Function Assessment Using Multistable Rivalry Paradigms
2y 11m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
87%
With Interview (+19.7%)
3y 6m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 88 resolved cases by this examiner. Grant probability derived from career allowance rate.

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