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 .
Information Disclosure Statement
Acknowledgment is made of receipt of Information Disclosure Statements (PTO-1449) filed 01/02/2025 and 04/02/2026. An initialed copy is attached to this Office Action.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,137,974. This is a statutory double patenting rejection.
Current Application
USP No. 12,137,974
1. A system comprising: goggles or glasses housing technology capable of photon-on-retina projection; a display controller configured: to receive and to store a retinal map associated with a user identifying the user's usable field of vision, the retinal map including at least one boundary indicating an area to be modified within the patient's vision; to receive an image from a camera associated with the user; to generate an image distortion map including shifting image data located within the boundary outwardly along a plurality of rays starting at an estimated center point of the area to be modified within the patient's vision to outside the boundary such that the image data from the center point to an edge of the image is compressed from the boundary to the edge of the image; and to modulate the image based on the image distortion map to produce an intentionally distorted image, where the technology capable of photon-on-retina projection is capable of projecting the intentionally distorted image onto the user's retina in the user's usable field of vision.
1. A system comprising: goggles or glasses housing technology capable of photon-on-retina projection; a display controller configured: to receive and to store a retinal map associated with a user identifying the user's usable field of vision, the retinal map including at least one boundary indicating an area to be modified within the patient's vision; to receive an image from a camera associated with the user; to generate an image distortion map including shifting image data located within the boundary outwardly along a plurality of rays starting at an estimated center point of the area to be modified within the patient's vision to outside the boundary such that the image data from the center point to an edge of the image is compressed from the boundary to the edge of the image; and to modulate the image based on the image distortion map to produce an intentionally distorted image, where the technology capable of photon-on-retina projection is capable of projecting the intentionally distorted image onto the user's retina in the user's usable field of vision.
Claim Objections
Claim 1is objected to because of the following informalities: the preamble recites “a system”. It is recommended that the preamble refers to the invention as “a system for the correction of vision defects” or similar language presented in the specification in order to provide further context. Appropriate correction is required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHIDERE S SAHLE whose telephone number is (571)270-3329. The examiner can normally be reached Monday-Thursday 8:00 AM to 5:00 PM.
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/MAHIDERE S SAHLE/Primary Examiner, Art Unit 2872 7/23/2026
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