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
The information disclosure statement (IDS) submitted on 10/31/2024 was considered by the examiner.
Claim Objections
Claims 11 and 20 are objected to because of the following informalities: for both claims 11 and 20, the next to last line contains the phrase “an other”, which is assumed to be a typographical error and should have been written “another” for both claims. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yamane (US 2021/0307607) in view of Guyton et al. (US 2017/0014026).
Regarding Claim 1, Yamane discloses a measuring device comprising:
a light source (Fig. 1, light source 11, Paragraph 0019);
one or more optical elements (Fig. 1, first z-polarizer 13, second z-polarizer 23, Paragraph 0019) configured to polarize light from the light source;
an imaging element (Fig. 1, camera 21, Paragraph 0019); and
an optical system configured to form an image of a retina illuminated by light polarized by the one or more optical elements, wherein the image is formed in an imaging element (Fig. 1, camera 21 including a CCD, CMOS, or a InGaAs detector, image of the fundus of an eye is formed, Paragraph 0024),
wherein light polarized by the one or more optical elements includes at least a first illumination light with a first polarization state (Paragraph 0043, lines 1-8, first region with a polarization inclined at 45 degrees) and a second illumination light with a second polarization state (Paragraph 0043, lines 1-11, second region with a polarization inclined at 135 degrees), and
wherein at least a part of an illumination region of the first illumination light and an illumination region of the second illumination light are different (Paragraph 0043, lines 1-11, first region with a polarization inclined at 45 degrees and second region with a polarization inclined at 135 degrees, so that the first and second illumination light are different).
Yamane does not specifically disclose a pair of imaging elements … wherein the image is formed in a respective imaging element of the pair of imaging elements.
However, Guyton, in the same field of endeavor, teaches a pair of imaging elements (Fig. 3, sensors 36 and 37, Paragraph 0053) … wherein the image is formed in a respective imaging element of the pair of imaging elements (Fig. 3, images 38 and 39 are formed by sensors 36 and 37 respectively, Paragraph 0053), for the purpose of imaging at least part of both left and right eyes simultaneously (Paragraph 0055).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the measuring device of Yamane with a pair of imaging elements … wherein the image is formed in a respective imaging element of the pair of imaging elements of Guyton, for the purpose of imaging at least part of both left and right eyes simultaneously.
Regarding Claim 7, Yamane discloses as is set forth above but doesn’t specifically disclose wherein the measuring device is configured to simultaneously illuminate retinas of each of a left eyeball of a user and a right eyeball of the user.
However, Guyton, in the same field of endeavor, teaches wherein the measuring device is configured to simultaneously illuminate retinas of each of a left eyeball of a user and a right eyeball of the user (Fig. 4, NIR diode 26 and NIR light beam 27 illuminates both pupils, Paragraph 0048, lines 5-6, Paragraph 0050, lines 9-14, light reflected by the retinas), for the purpose of imaging at least part of both left and right eyes simultaneously.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the measuring device of Yamane with the wherein the measuring device is configured to simultaneously illuminate retinas of each of a left eyeball of a user and a right eyeball of the user, of Guyton, for the purpose of imaging at least part of both left and right eyes simultaneously.
Claims 10, 11, 12, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamane (US 2021/0307607) in view of Cheng et al. (US 2020/0054210).
Regarding Claims 10 and 19, Yamane discloses as is set forth above and further discloses wherein the one or more optical elements include a polarizer and a ½ wavelength plate (Paragraph 0041-0042, the z-polarizers comprise a linear polarizer and a half-wave plate), and wherein at least a part of luminous flux that has passed through the polarizer passes through the ½ wavelength plate (Paragraph 0041-0042, the z-polarizers comprise a linear polarizer and a half-wave plate).
However, Yamane doesn’t specifically disclose wherein the light source comprises a plurality of LEDs.
However, Cheng, in the same field of endeavor, teaches wherein the light source comprises a plurality of LEDs (Fig. 6B, illumination device 13 comprising a plurality of LEDs, 13IR, 13R, 13G, 13B, 13Y, and 13C in the shape of a ring, Paragraph 0025, lines 1-10), for the purpose of providing uniform illumination of an eye.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the measuring device of Yamane with the wherein the light source comprises a plurality of LEDs, of Cheng, for the purpose of providing uniform illumination of an eye.
Regarding Claims 11 and 20, Yamane discloses as is set forth above and further discloses wherein
wherein the one or more optical elements include at least two polarizers (Fig. 1, first z-polarizer 13, second z-polarizer 23, Paragraph 0019) having polarization directions that differ from each other (Paragraph 0043, lines 1-11, first region with a polarization inclined at 45 degrees and second region with a polarization inclined at 135 degrees, so that the first and second illumination light are different), and
wherein at least a part of luminous flux passes through one polarizer of the at least two polarizers and at least a part of different luminous flux from the partial luminous flux passes through another polarizer of the at least two polarizers (Paragraph 0043, lines 1-11, first region with a polarization inclined at 45 degrees and second region with a polarization inclined at 135 degrees, so that the first and second illumination light are different).
However, Yamane doesn’t specifically disclose wherein the light source comprises a plurality of LEDs … from the plurality of LEDs.
However, Cheng, in the same field of endeavor, teaches wherein the light source comprises a plurality of LEDs … from the plurality of LEDs (Fig. 6B, illumination device 13 comprising a plurality of LEDs, 13IR, 13R, 13G, 13B, 13Y, and 13C in the shape of a ring, Paragraph 0025, lines 1-10), for the purpose of providing uniform illumination of an eye.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the measuring device of Yamane with the wherein the light source comprises a plurality of LEDs … from the plurality of LEDs, of Cheng, for the purpose of providing uniform illumination of an eye.
Regarding Claim 12, Yamane discloses as is set forth but doesn’t specifically disclose wherein the light source is formed as a plurality of LED light sources arranged in a ring shape.
However, Cheng, in the same field of endeavor, teaches wherein the light source is formed as a plurality of LED light sources arranged in a ring shape (Fig. 6B, illumination device 13 comprising a plurality of LEDs, 13IR, 13R, 13G, 13B, 13Y, and 13C in the shape of a ring, Paragraph 0025, lines 1-10), for the purpose of providing uniform illumination of an eye.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the measuring device of Yamane with the wherein the light source is formed as a plurality of LED light sources arranged in a ring shape, of Cheng, for the purpose of providing uniform illumination of an eye.
Claim Rejections - 35 USC § 102
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 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 2, 6, 14, 16, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamane (US 2021/0307607).
Regarding Claim 2, Yamane discloses a measuring device comprising:
a light source (Fig. 1, light source 11, Paragraph 0019);
one or more optical elements (Fig. 1, first z-polarizer 13, second z-polarizer 23, Paragraph 0019) configured to polarize light from the light source;
at least one imaging element (Fig. 1, camera 21, Paragraph 0019); and
an optical system configured to form an image of a retina illuminated by light polarized by the one or more optical elements, wherein the image is formed in the at least one imaging element (Fig. 1, camera 21 including a CCD, CMOS, or a InGaAs detector, image of the fundus of an eye is formed, Paragraph 0024),
wherein light polarized by the one or more optical elements includes at least a first illumination light with a first polarization state (Paragraph 0043, lines 1-8, first region with a polarization inclined at 45 degrees) and a second illumination light with a second polarization state (Paragraph 0043, lines 1-11, second region with a polarization inclined at 135 degrees), and
wherein at least a part of an illumination region of the first illumination light and an illumination region of the second illumination light are different (Paragraph 0043, lines 1-11, first region with a polarization inclined at 45 degrees and second region with a polarization inclined at 135 degrees, so that the first and second illumination light are different).
Regarding Claim 6, Yamane discloses as is set forth above and further discloses wherein the first illumination light and the second illumination light are linearly polarized illumination lights with 90° differing directions (Paragraph 0043, lines 1-11, first region with a polarization inclined at 45 degrees and second region with a polarization inclined at 135 degrees, so that the first and second illumination light are different with 90° differing directions).
Regarding Claim 14, Yamane discloses as is set forth above and further discloses wherein light output by the light source has a wavelength of 800 to 900 nm (Fig. 1, light source 11 can be a NIR LED, 600-1700 nm, Paragraph 0023, lines 1-6).
Regarding Claim 16, Yamane discloses as is set forth above and further discloses wherein a light emitting surface of the light source is positioned conjugate to the retina (Paragraph 0039, lines 1-11).
Regarding Claim 17, Yamane discloses an illumination device for measuring a retina utilizing an imaging device, the illumination device comprising:
a light source (Fig. 1, light source 11, Paragraph 0019);
one or more optical elements (Fig. 1, first z-polarizer 13, second z-polarizer 23, Paragraph 0019) configured to polarize light from the light source;
wherein light polarized by the one or more optical elements includes at least a first illumination light with a first polarization state (Paragraph 0043, lines 1-8, first region with a polarization inclined at 45 degrees) and a second illumination light with a second polarization state (Paragraph 0043, lines 1-11, second region with a polarization inclined at 135 degrees), and
wherein at least a part of an illumination region of the first illumination light and an illumination region of the second illumination light are different (Paragraph 0043, lines 1-11, first region with a polarization inclined at 45 degrees and second region with a polarization inclined at 135 degrees, so that the first and second illumination light are different).
Regarding Claim 18, Yamane discloses as is set forth above and further discloses wherein the one or more optical element include at least one of one or more a polarizers and/or a ½ wavelength plate (Paragraph 0041-0042, the z-polarizers comprise a linear polarizer and a half-wave plate).
Allowable Subject Matter
Claims 3, 4, 5, 8, 9, 13, and 15 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 following is a statement of reasons for the indication of allowable subject matter: with respect to the allowable subject matter, none of the prior art either alone or in combination disclose or teach of the claimed combination of limitations to warrant a rejection under 35 USC 102 or 103.
Specifically, with respect to claim 3, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein the illumination region of the first illumination light and the illumination region of the second illumination light have a ring shape, wherein centers of the illumination region of the first illumination light and the illumination region of the second illumination light coincide, and wherein radii of the illumination region of the first illumination light and the illumination region of the second illumination light are different.
Specifically, with respect to claim 4, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein the illumination region of the first illumination light and the illumination region of the second illumination region are alternately formed in a circumferential direction of the ring shape.
Specifically, with respect to claim 5, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein further comprising a light shielding part positioned at a boundary between the illumination region of the first illumination light and the illumination region of the second illumination light.
Specifically, with respect to claim 8, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein the illumination region of the first illumination light and the illumination region of the second illumination light have a ring shape, wherein the light source includes a fixation lamp, and wherein a center of the ring shape and a center of an image of the fixation lamp coincide.
Specifically, with respect to claim 9, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein further comprising: a fixation lamp arranged on a plane of an intermediate image conjugate to the illumination region of the first illumination light, the illumination region of the second illumination light, the retina, and an imaging plane of the at least one imaging element, wherein the illumination region of the first illumination light and the illumination region of the second illumination light have ring shapes whose centers coincide with each other, and wherein a position of a ring shape in the intermediate image coincides with a center of the fixation lamp.
Specifically, with respect to claim 13, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein the light source is a laser, wherein the one or more optical elements include an Axicon lens and a ½ wavelength plate, and wherein at least a part of luminous flux that has passed through the Axicon lens passes through the ½ wavelength plate.
Specifically, with respect to claim 15, none of the prior art either alone or in combination disclose or teach a measuring device including, as the distinguishing feature(s) in combination with the other limitations, wherein a conjugate intermediate image is formed on an imaging surface of the retina and the at least one imaging element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Guyton et al. (US 6,027,216), Uhlendorf et al. (US 2025/0155716), Abitbol et al. (US 2011/0273669), Dick et al. (US 7,926,945), Dick et al. (US 2009/0153798), Cornsweet et al. (US 2003/0058405), and Hogan (US 2021/0059518) are cited to show similar measuring and illuminating devices but do not disclose the allowable subject matter as detailed above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached on (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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/WILLIAM R ALEXANDER/ Primary Examiner, Art Unit 2872
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