DETAILED ACTION
Oath/Declaration
1. Oath and declaration filed on is accepted.
Information Disclosure Statement
2. The prior art documents submitted by application in the Information Disclosure Statement filed on 10/8/2025 have all been considered and made of record ( note the attached copy of form PTO – 1449).
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 and 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 5 of U.S. Patent No. 11,039,742 B2 Although the claims at issue are not identical, they are not patentably distinct from each other because.
Instant application 18/924,936
Regarding claim 1,A system for facilitating vision testing via predicted-characteristics-based presentation of stimuli for a testing location subset, the system comprising: one or more processors and non-transitory media storing instructions that, when executed by the one or more processors, cause operations comprising: initializing, during a visual test presentation comprising multiple test rounds, a ground truth input for a neural network, the ground truth input comprising initial feedback related to an initial set of stimuli presented at an initial set of locations of a user interface of a wearable device under a range of characteristics, the initial feedback indicating threshold characteristics of the range of characteristics under which a user sees each stimulus of the initial set of stimuli; performing the following during each round of the multiple test rounds: providing, during the round of the visual test presentation, the ground truth input to the neural network to cause the neural network to generate a set of predicted characteristics for a set of locations of the user interface; presenting, based on the set of predicted characteristics, one or more stimuli at one or more locations of the set of locations during the visual test presentation; obtaining feedback indicating one or more threshold characteristics under which the user sees the one or more stimuli; and updating, based on the feedback related to the stimuli, the ground truth input for a next round of the visual test presentation such that the updated ground truth input comprises the initial feedback and the feedback related to the stimuli; and generating visual defect information for the user based on the initial feedback and the feedback from the multiple test rounds of the visual test presentation.
Regarding claim 5, A method comprising: obtaining, via an artificial intelligence model, based on a ground truth input, a set of predicted characteristics for a set of locations of a user interface, the ground truth input comprising initial feedback related to an initial set of stimuli presented at an initial set of locations of the user interface under a range of characteristics, the initial feedback indicating threshold characteristics of the range of characteristics under which a user sees each stimulus of the initial set of stimuli; presenting, based on the set of predicted characteristics, one or more stimuli at one or more locations of the set of locations during a visual test presentation; obtaining feedback indicating one or more threshold characteristics under which the user sees the one or more stimuli; and generating visual defect information for the user based on the feedback.
U.S.Patent application 11,039+,742 B2 ( application No: 17/083,043)
Regarding claim 1, A system for facilitating vision testing via confidence-based selection of a testing location subset from a neural-network-provided set of locations, the system comprising: a computer system that comprises one or more processors executing computer program instructions that, when executed, cause the computer system to perform operations comprising: initializing, during a visual test presentation comprising multiple test rounds, a ground truth input for a neural network, the ground truth input comprising initial feedback related to an initial set of stimuli presented at an initial set of locations of a user interface of a wearable device under a range of characteristics, the initial feedback indicating threshold characteristics of the range of characteristics under which a user sees each stimulus of the initial set of stimuli; performing the following during each round of the multiple test rounds: providing, during the round of the visual test presentation, the ground truth input to the neural network to cause the neural network to generate (i) a set of predicted characteristics for a set of locations of the user interface and (ii) a set of confidence scores associated with the set of locations; selecting, based on the set of confidence scores, locations of the set of locations that are to be tested during the round of the visual test presentation, the locations being selected over other locations of the set of locations based on confidence scores associated with the locations being greater than confidence scores associated with the other locations; presenting, based on the selection of the locations and predicted characteristics associated with the selected locations, stimuli at the selected locations during the round without presenting stimuli at the other locations during the round such that: (i) a first stimulus is initially presented at a first location of the locations based on a first predicted characteristic associated with the first location; and (ii) a second stimulus is initially presented at second location of the locations based on a second predicted characteristic associated with the second location; obtaining feedback related to the stimuli during the round, the feedback related to the stimuli indicating threshold characteristics of the range of characteristics under which the user sees each stimulus of the stimuli; and updating, based on the feedback related to the stimuli, the ground truth input for a next round of the visual test presentation such that the updated ground truth input comprises the initial feedback and the feedback related to the stimuli; and generating visual defect information for the user based on the initial feedback and the feedback from the multiple test rounds of the visual test presentation.
Regarding claim 5, A method comprising: initializing a ground truth input for a prediction model, the ground truth input comprising initial feedback related to an initial set of stimuli presented at an initial set of locations of a user interface under a range of characteristics, the initial feedback indicating threshold characteristics of the range of characteristics under which a user sees each stimulus of the initial set of stimuli; obtaining, via the prediction model, based on the ground truth input, (i) a set of predicted characteristics for a set of locations of the user interface and (ii) a set of confidence scores associated with the set of locations; selecting, based on the set of confidence scores, one or more locations of the set of locations that are to be tested during a portion of a visual test presentation, the one or more locations being selected over one or more other locations of the set of locations based on the set of confidence scores; presenting, based on one or more predicted characteristics associated with the selected locations, one or more stimuli at the selected locations during the portion of the visual test presentation; obtaining feedback related to the one or more stimuli during the portion of the visual test presentation, the feedback indicating one or more threshold characteristics of the range of characteristics under which the user sees each stimulus of the one or more stimuli; updating, based on the feedback related to the one or more stimuli, the ground truth input for a subsequent portion of the visual test presentation such that the updated ground truth input comprises the feedback related to the one or more stimuli; and generating visual defect information for the user based on the initial feedback, the feedback from the portion of the visual test presentation, and additional feedback from the subsequent portion of the visual test presentation.
Analysis
the claims at issue are not identical, they are not patentably distinct from each other because they are but different definitions of the same disclosed subject matter, varying in breadth or scope of definition as set forth in MPEP 806.03. In this case, instant case 18/924,936 claims 1 and 5 vision testing one or more locations of the set of locations during the visual test presentation and application 17/083,043 , claims 1 and 5 , vision testing computer based user interface of wearable device under range of characteristics first stimulus presented at a first location and second stimulus presented at a second location of the location based and generating visual defect information for the user based on the initial feed back .
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 8/16/2026
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