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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/06/2026 and 9/30/2024 have been considered by the examiner.
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 3 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.
Regarding claim 3, the limitation "the holding member is configured to hold the first concave mirror and the second concave mirror so that the first flange and the second flange are approximately parallel to each other” in claim 1 is a relative limitation which renders the claim indefinite. The claim, in light of the specification, is unclear as to how the flanges can be "approximately parallel to each other”. The examiner interprets that the flanges have to be either parallel or are not parallel to each other. For the sake of compact prosecution, the limitation “the holding member is configured to hold the first concave mirror and the second concave mirror so that the first flange and the second flange are approximately parallel to each other” is understood by the examiner to mean the holding member is configured to hold the first concave mirror and the second concave mirror so that the first flange and the second flange are parallel to each other.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa (JP Patent Publication Number 2017169671 A).
Yuasa teaches, as claimed in claim 1, a fundus observation apparatus (Fig.3), comprising: an optical system (100) configured to project light from a light source (131 and 151) onto a fundus of an eye (Ef) to be examined, and to receive returning light from the fundus (Ef); two concave mirrors (112B and 111B mirrors) having concave reflective surfaces (Fig. 2), respectively, configured to guide the light from the optical system (100) to the fundus (Ef), and to guide the returning light to the optical system (“dichroic mirror DM1 reflects the light from the anterior eye imaging system 120 toward the eye E, and reflects the return light from the eye E toward the anterior eye imaging system 120”), Yusa fails to explicitly teach a holding member. However, Yusa teaches the objective optical unit 110B can be inserted into and removed from the optical axis O of the optical system 100. The examiner interprets that optical unit inherently has a housing or holding member that allows the optical components to stay to together when inserting and removing the optical unit. Therefore, Yusa teaches a holding member (110B) configured to be capable of holding the two concave mirrors (112B and 111B) in a state where the concave mirrors (112B and 111B) are arranged on both sides (left and right) of the holding member (110B) so that the concave mirrors (112B and 111B) are positioned in a default relative position in a predetermined one-dimensional direction (Fig. 2b).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified the fundus observation apparatus, as taught by Yusa, with the holding member configured to be capable of holding the two concave mirrors, as taught by Yusa, for the purpose of providing a way so the angle of view can be changed by selectively disposing the objective optical unit between the objective optical unit and the eye(Page 3, paragraph 3).
Yuasa teaches, as claimed in claim 2, the holding member (110B) configured to hold the two concave mirrors (112B and 111B mirrors) on both sides (left and right) of the holding member (110B) at a default distance in an optical axis direction of the optical system (see the provided distance between 112B and 111B).
Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa (JP Patent Publication Number 2017169671 A) in view of Mizuta (US Patent Publication Number 2020/0387007 A1).
Yuasa fails to teach, as claimed in claim 4, wherein both ends in a predetermined first direction of at least one of the two concave mirrors have a shape cut in a plane intersecting the first direction. In a related art, Mizuta teaches an optical device wherein both ends in a predetermined first direction of at least one of the two concave mirrors (280A and 280B) have a shape cut (280Ah and 280Bh) in a plane intersecting the first direction1.
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified fundus observation apparatus, as taught by modified Yusa, with the concave mirrors have a shape cut in a plane intersecting the first direction, as taught by Mizuta, for the purpose of providing a way to convert the angle of wide-angled converging light from the reflection unit to a smaller angle (¶0007).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Yuasa (JP Patent Publication Number 2017169671 A) in view of Sigler (US Patent Number 4,084,887 A).
Yuasa fails to teach, as claimed in claim 5, wherein at least one of the two concave mirrors is an ellipsoidal mirror. In a related art, Sigler teaches an optical device wherein at least one of the two concave mirrors is an ellipsoidal mirror (Col. 2, lines 62 -63, “a pair of spaced, co-axial, concave ellipsoidal reflective surfaces or reflectors 6, 8”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified fundus observation apparatus, as taught by Yusa, with the concave mirrors being an ellipsoidal mirror, as taught by Sigler, for the purpose of providing a high numerical aperture system for optically illuminating a target region (Col. 2, lines 34-36).
Yuasa fails to teach, as in claim 6, wherein the two concave mirrors further include a first ellipsoidal mirror and a second ellipsoidal mirror, one of two focal points of the first ellipsoidal mirror is located at one of two focal points of the second ellipsoidal mirror, and the two concave mirrors are configured to guide the light from the optical system to the other of the two focal points of the second ellipsoidal mirror. In a related art, Sigler teaches wherein the two concave mirrors further include a first ellipsoidal mirror (6) and a second ellipsoidal mirror (8), one of two focal points of the first ellipsoidal mirror is located at one of two focal points of the second ellipsoidal mirror (“The second focal points of reflectors 6, 8 are located at the centers 18, 20 of conical vertex openings in opposing reflectors 8, 6, respectively”), and the two concave mirrors (6 and 8) are configured to guide the light from the optical system to the other of the two focal points of the second ellipsoidal mirror2 ( Col. 2, line 66- Col. 3, line 2 “reflective surfaces 6, 8 have respective first focal points in substantial coincidence within a target region 16. The second focal points of reflectors 6, 8 are located at the centers 18, 20 of conical vertex openings in opposing reflectors 8, 6, respectively”).
It would have been obvious to one of ordinary skill of art before the effective filing date of the claimed invention to have modified fundus observation apparatus, as taught by modified Yusa, with the concave mirrors being an ellipsoidal mirror, as taught by Sigler, for the purpose of providing a high numerical aperture system for optically illuminating a target region (Col. 2, lines 34-36).
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art fails to teach all of the limitations of claim 3 which includes wherein the two concave mirrors further include: a first concave mirror having a first flange on a periphery and having a concave first reflected surface that reflects the light; and a second concave mirror having a second flange on a periphery and having a concave second reflected surface that guides light reflected on the first concave mirror to the fundus, and the holding member is configured to hold the first concave mirror and the second concave mirror so that the first flange and the second flange are approximately parallel to each other.
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.
The prior art fails to teach all of the limitations of claim 7 which includes wherein the optical system further includes: a projection optical system configured to project light from the light source; a light receiving optical system configured to receive the returning light; and a deflecting member located at the other of the two focal points of the first ellipsoidal mirror and configured to deflect the light from the light source and to guide the returning light to the light receiving optical system.
The prior art fails to teach all of the limitations of claim 8 which includes wherein the optical system further includes: a projection optical system including a deflecting member and configured to deflect light from the light source to project; a light receiving optical system configured to receive the returning light; and an optical path coupling member configured to optically couple an optical path of the projection optical system with an optical path of the light receiving optical system; and a reflective member located at the other of the two focal points of the first ellipsoidal mirror and configured to guide the light from the light source to the first ellipsoidal mirror, the light having been guided through an optical path coupled by the optical path coupling member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aurin (US Patent Number 4239342 A) teaches an optical system with two ellipsoidal mirrors.
Hirose (US Patent Publication Number 2011/0102740 A1) teaches an optical system fundus observation apparatus configured to project light from a light source onto a fundus of an eye to be examined, and to receive returning light from the fundus and two concave mirrors.
Thomas (US Patent Number 4,657,721 A) teaches an optical system with two ellipsoidal mirrors.
Hirose (US Patent Publication Number 2020/0214557 A1) teaches an optical system fundus observation apparatus configured to project light from a light source onto a fundus of an eye to be examined, and to receive returning light from the fundus and two concave mirrors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky 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.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
09 June 2026
/RICKY L MACK/ Supervisory Patent Examiner, Art Unit 2872
1 See Fig. 3 the two lenes cut in half with the plane being perpendicular to the optical axis
2 Mirror 8 sends light to the focal points 16 and 20 of mirror 6
Prosecution Insights