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 received on 11/04/2024 are accepted 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.
Claims 2-4 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.
Claims 2-4 recites angle between two windows acute angle or obtuse angle. A window is a structural opening or void within walls or partitions that connect to the exterior or an adjacent area to allow for light, air, and visibility. Geometrically, a window is a three-dimensional space/void, not a flat surface or a line; therefore, two windows cannot form an angle unless specific reference points or lines are explicitly defined on the walls. The window diameter varies depending on which reference points we consider for specifying the window. If we connect top surface points of a window to define the opening of one window and top surface points of another window to define another window, or a first window aligned along a first plane; and a second window aligned along a second plane; wherein the first plane and the second plane intersect to define an angle therebetween, then we can measure the angle. But only claiming angle between two windows makes the claim indefinite.
For compact prosecution the windows are interpreted as top points of the rear window aligned along a first plane; and bottom points of the bottom window aligned along a second plane and the angle between the planes. Appropriate correction in view of specification is required.
Claim Rejections - 35 USC § 102
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 1-3, 5, 9-12 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stumpf et al. (US 3963329).
Regarding claim 1, Stumpf teaches an ophthalmoscope (refer to US 3963329 Small Pupil Binocular Indirect Ophthalmoscope) comprising:
an optical device (Fig. 1 an ophthalmoscope for viewing an eye of a patient) including a housing (housing 28, [C-2, L-62]; having defined interior walls and perimeters, see captioned Fig. A below, which is parts of Figs. 9 and 10;), the housing comprising:
a bottom window (see captioned Fig. A; A bottom window positioned to face the patient's eye; Figs. 10 and 11, which schematically illustrate an ophthalmoscope employed in the examination of a patient's eye, [C-3, L-68 – C-4, L-1]),
a rear window that extends upwardly from the bottom window (rear window corresponds to the exit port or ocular viewing pane where the clinician or phone camera sits relative to the bottom positioning. Extends upwardly from the bottom window, i.e. bottom window, side wall then extends to rear window. A rear window positioned for the observer/ ophthalmologist to look through, [see Figs. 1-2 and 9-11], Figs. 9 and 10 show simplified cross section and schematically illustrate mirrors and beams. Figures show rear window that extends upwardly from the bottom window, mirror extends upwardly; see captioned Fig. A)
a front wall (reflective surface 76a) that extends upwardly from the bottom window, wherein the front wall includes a reflective inner surface and forms an interior angle with the bottom window (see captioned Fig. A; Figs. 2 and 10 show mirrors with optical axes and folded path and ocular assemblies without housing); and
a top wall (reflective surface 90a) including a first portion that extends from the rear window at an interior angle, wherein the first portion of the top wall includes a reflective inner surface (see captioned Fig. A; Figs. 1-2 and 9-10); and
a pair of side walls (solid wall 30 and a solid wall 34, [C-2, L-62-63), each side wall extending between corresponding side edges of the bottom window, the rear window, the top wall, and the front wall (see Figs. 1, 8-9),
wherein the reflective inner surfaces of the first portion of the top wall and the front wall are configured to direct a light ray (Figs. 2 and 10 show the optical axes of the instrument are shown as 104a) that enters the bottom window from the eye of a patient out through the rear window (see Figs, 2, 10 and the captioned Fig. A).
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Captioned Figure A [parts of Figs. 9 and 10]
Regarding claim 2, Stumpf as best understood the claim, teaches the ophthalmoscope according to claim 1 (see above), wherein an interior angle defined between the bottom window and the rear window is an acute angle or a right angle (An acute angle at the vertex between 2 lines starts from almost 0º and ends just before 90º. Architecturally, a window is a structural opening or void within a wall, roof, or partition that connects to the exterior or an adjacent area to allow for light, air, and visibility. Geometrically, a window is a three-dimensional space/void, not a flat surface or a line; therefore, two windows cannot form an angle unless specific reference points or lines are explicitly defined on the walls. Figs. 9/10 show the window diameter varied depending on which reference we consider specifying the window, if we connect top points to define one window and bottom two points for another window, the lines will be almost parallel. The diameter of the windows varies, [see 96b, Figs. 6, 8]. In this case there are reference points wherein an interior angle defined between the bottom window and the rear window is an acute angle or the lines will not be parallel.
Regarding claim 3, Stumpf as best understood the claim teaches the ophthalmoscope according to claim 2 (see above), wherein an interior angle formed between the first portion of the top wall and the rear window is an obtuse angle, and an interior angle formed between the front wall and the bottom window is an obtuse angle (see captioned Fig. A, and Figs. 9 and 10).
Regarding claim 5, Stumpf teaches the ophthalmoscope according to claim 2 (see above), further comprising a binocular assembly (binocular indirect ophthalmoscope, [C-1, L-56], see Fig. 1) including a housing (housing 28), an entry window disposed on a front wall of the housing of the binocular assembly (an entry window positioned to face the patient's eye; Figs. 10 and 11, which schematically illustrate an ophthalmoscope employed in the examination of a patient's eye, [C-3, L-68 – C-4, L-1]), and a pair of eyepieces (eyelet 96, lens 98, Figs. 8 and 9) disposed on a rear wall (wall with eyepieces) of the housing of the binocular assembly (see Figs, 1, 2 and 10), wherein the rear window of the optical device is disposed adjacent the entry window of the binocular assembly (see Figs, 1, 8-10).
Regarding claim 9, Stumpf teaches the ophthalmoscope according to claim 5 (see above), further comprising a head band, wherein the binocular assembly is operably secured to the head band (Fig. 1, binocular assembly is operably secured to the headband H by means of a conventional link assembly L (C-2. L46-50]).
Regarding claim 10, Stumpf teaches the ophthalmoscope according to claim 9 (see above), further comprising a light source disposed within the housing of the binocular assembly (Fig. 11, light source 22).
Regarding claim 11, Stumpf teaches the ophthalmoscope according to claim 1 (see above), wherein the top wall further comprises a second portion that extends between the first portion of the top wall and the front wall (second portion of top wall, Fig. 10).
Regarding claim 12, Stumpf teaches the ophthalmoscope according to claim 1 (see above), wherein at least two of the front windows (two eyelets 96, Fig. 1, 9), rear window (Figs. 10 and 11, window employed in the examination of a patient's eye, [C-3, L-68 – C-4, L-1]),), first portion of the top wall, and front wall are angularly adjustable relative to each other (Left and right ocular assemblies are adjustably mounted in the mirror housing, [summary of invention]; a knurled mirror adjusting knob 48, (C-3, L-3-4]; mirror includes means for adjusting its angular inclination [claim 6]).
Regarding claim 16, Stumpf teaches an ophthalmoscope (refer to US 3963329 Small Pupil Binocular Indirect Ophthalmoscope) for use by an ophthalmologist when viewing an eye of a patient (see Figs. 1, 10, binocular indirect ophthalmoscope); A bottom window positioned to face the patient's eye), comprising: a binocular assembly (Figs, 1, 10; binocular indirect ophthalmoscope, [C-1, L-56]), comprising: a housing (housing 28, [C-2, L-62]; having defined interior walls and perimeters, see captioned Fig. A below, which is parts of Figs. 9 and 10); an entry window disposed on a front wall of the housing (see captioned Fig. A; A bottom window positioned to face the patient's eye; Figs. 10 and 11, which schematically illustrate an ophthalmoscope employed in the examination of a patient's eye, [C-3, L-68 – C-4, L-1]); and a pair of eyepieces disposed on a rear wall of the housing (Fig. 8, 9 and captioned A, eyepieces eyelet 96 which secures lens 98; [C-3, L-53-54]), an optical device adjacent the entry window of the binocular assembly so that a light ray that enters the optical device from the eye of the patient is directed into one or both eyes of the ophthalmologist (Left and right ocular assemblies are adjustably mounted in the mirror housing, each including a member defining an aperture for a user's eye and an angled mirror for directing light from a respective one of the reflective surfaces through the aperture, [Summary of Invention]; a mirror support pin 44. Support pin 44 has an enlarged portion 46 defining a shoulder 47 which engages flange 40. The left end of pin 44 terminates in a knurled mirror adjusting knob 48. At its right end, as viewed in FIG. 5, the threaded end of support pin 44 is engaged by a hollow nut 50 enclosing a compressed coil spring 52. An illuminating mirror base plate 54 includes a pair of spaced shoulders 56 (FIGS. 7, 9) through which the support pin 44 passes and to which it is secured by means of set screws 58 (FIG. 9), Fig. 4; [C-2, L-68 – C-3, L-11]).
Regarding claim 17, Stumpf teaches the ophthalmoscope according to claim 16 (see above), the optical device including a top wall, a rear wall extending downwardly from the top wall, a front wall extending downwardly from the top wall, and a bottom wall extending from the rear wall to front wall (See Fig. 1, housing 28, top wall 30 and other 3 walls are the 3 sides of the housing), wherein the rear wall of the optical device is disposed adjacent the entry window of the housing (entry wall positioned to face the patient's eye, see rear wall with eyelet 96 in Figs. 8 and 9).
Regarding claim 18, Stumpf teaches the ophthalmoscope according to claim 17 (see above), further comprising a head band, wherein the binocular assembly is operably secured to the head band (see Fig. 1, headband H, binocular assembly is operably secured to the head band, [C-2, L-49]; A binocular indirect ophthalmoscope, [abstract]).
Regarding claim 19, Stumpf teaches the ophthalmoscope according to claim 18 (see above), further comprising a light source disposed within the housing of the binocular assembly (Fig. 10 shows light source 22).
Regarding claim 20, Stumpf teaches the ophthalmoscope according to claim 17 (see above), wherein a portion of an inner surface of each of the top wall and the front wall is reflective (see Fig. 10, inner surface of each of the top wall and the front wall is reflective).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Stumpf et al. (US 3,963,329).
Regarding claim 4, Stumpf as best understood the claim teaches the ophthalmoscope according to claim 3 (see above), wherein the obtuse angle formed between the first portion of the top wall and the rear window (see the captioned Fig. 10 above). Figure shows it is about 1400. Although, geometrically, a window is a three-dimensional space, not a flat surface or a line; therefore, window cannot form a precise angle unless specific reference points or lines on the window are explicitly defined, in this reference if specific reference points are points on the obtuse angle formed between the first portion of the top wall and the rear window, captioned figure shows obtuse angle formed in the range of 1400. Stumpf doesn’t explicitly teach the lower surfaces of the housing near the rear window, and the obtuse angle formed between the front wall and the bottom window is in a range of 95° to 115°. Stumpf teaches left and right ocular assemblies are adjustably mounted in the mirror housing, [summary of invention]; adjustment by sliding the ocular assemblies, [C-4, L-11-13]. Since it is adjustable, and it has been held that where the general conditions of a claim are disclosed in the prior art and no criticality for the angle has been established on the record, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). Benefits of optimizing angle include improved image and test quality. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the lower surfaces of the housing near the rear window, and the obtuse angle formed between the front wall and the bottom window is in a range of 95° to 115°.
Claims 6 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Stumpf et al. as applied to claim 1 above, and further in view of Khan et al. (US 2022/0151489) and Pedack (US 6280033)
Regarding claim 6, Stumpf teaches the ophthalmoscope according to claim 5 (see above), with a secure optical device to the housing of the binocular assembly (see Fig. 1). Stumpf doesn’t explicitly teach the ophthalmoscope comprising a mounting clip including a base plate and a pair of mounting arms extending upwardly therefrom,
wherein the housing of the optical device is removably secured to the mounting arms of the mounting clip, and the mounting arms of the mounting clip are configured to removably secure the optical device to the housing of the binocular assembly.
Stumpf and Khan are related because both teaches ophthalmoscope.
Khan teaches the ophthalmoscope comprising a mounting clip including a base plate (optics module 110 is secured within the outer frame 115 by a plurality of clips 135, [0063]; Figure shows the clips are on the base plate) and a pair of mounting arms extending upwardly therefrom, wherein the housing of the optical device is removably secured to the mounting arms of the mounting clip (headset system 100 comprises head mount hardware 105 including an outer frame 115, one or more head straps 120 [0061]; optics module 110 that can be removably mounted within the outer frame 115, [0063]), and the mounting arms of the mounting clip are configured to removably secure the optical device to the housing of the binocular assembly (Housing 130 is configured in an embodiment to fit securely within the outer frame 115 of the headset and yet be easily removable by a user. optics module 110 is secured within the outer frame 115 by a plurality of clips 135 on the optics module housing 130. [0063]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the ophthalmoscope of Stumpf to include a mounting clips for the predictable advantage of removing and replacing the module to provide a module of different functionality, e.g., to support different types of eye tests, as Khan teaches in [0067].
The modified Stumpf doesn’t explicitly teach a pair of mounting arms,
Stumpf and Pedack are related because both teaches ophthalmoscope.
Pedack teaches a pair of mounting arms secure the optical device to the housing of the binocular assembly (Fig 1 shows ophthalmoscope housing 2 is attached to the front of the headband 4 via two mounting arms 6 and 8, [C-2, L-49-58]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified ophthalmoscope of Stumpf to include a pair of mounting arms, as Pedack teaches in [0067], which enable adjusting the distance between the housing 2 and the face of the user [C-2, L-55-58],
Regarding claim 13, Stumpf teaches the ophthalmoscope according to claim 1 (see above), with a secure optical device to the housing of the binocular assembly (see Fig. 1). Stumpf doesn’t explicitly teach the ophthalmoscope comprising a mounting clip including a base plate and a pair of mounting arms extending upwardly therefrom,
wherein the housing of the optical device is removably secured to the mounting arms of the mounting clip, and the mounting arms of the mounting clip are configured to removably secure the optical device to the housing of the binocular assembly.
Stumpf and Khan are related because both teaches ophthalmoscope.
Khan teaches the ophthalmoscope comprising a mounting clip including a base plate (optics module 110 is secured within the outer frame 115 by a plurality of clips 135, [0063]; Figure shows the clips are on the base plate) and a pair of mounting arms extending upwardly therefrom, wherein the housing of the optical device is removably secured to the mounting arms of the mounting clip (headset system 100 comprises head mount hardware 105 including an outer frame 115, one or more head straps 120 [0061]; optics module 110 that can be removably mounted within the outer frame 115, [0063]), and the mounting arms of the mounting clip are configured to removably secure the optical device to the housing of the binocular assembly (Housing 130 is configured in an embodiment to fit securely within the outer frame 115 of the headset and yet be easily removable by a user. optics module 110 is secured within the outer frame 115 by a plurality of clips 135 on the optics module housing 130. [0063]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the ophthalmoscope of Stumpf to include a mounting clips for the predictable advantage of removing and replacing the module to provide a module of different functionality, e.g., to support different types of eye tests, as Khan teaches in [0067].
The modified Stumpf doesn’t explicitly teach a pair of mounting arms,
Stumpf and Pedack are related because both teaches ophthalmoscope.
Pedack teaches a pair of mounting arms secure the optical device to the housing of the binocular assembly (Fig 1 shows ophthalmoscope housing 2 is attached to the front of the headband 4 via two mounting arms 6 and 8, [C-2, L-49-58]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified ophthalmoscope of Stumpf to include a pair of mounting arms, as Pedack teaches in [0067], which enable adjusting the distance between the housing 2 and the face of the user [C-2, L-55-58],
Regarding claim 14, The modified Stumpf teaches the ophthalmoscope according to claim 13 (see above), Khan further teaches the ophthalmoscope, further comprising at least one catch configured to engage the housing of the binocular assembly (optics module 110 within the outer frame 115, including .. catches, and other structures, [0063]). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the ophthalmoscope of Stumpf to include least one catch configured to engage the housing of the binocular assembly, as Khan teaches in [0067] for the predictable advantage of removing and replacing the module to provide a module of different functionality, e.g., to support different types of eye tests, as Khan teaches in [0067].
Regarding claim 15, The modified Stumpf teaches the ophthalmoscope according to claim 14 (see above), Pedack teaches a pair of mounting arms secure the optical device (see claim 13), Khan further teaches the ophthalmoscope, wherein at least one pair of catches comprises a pair of catches, each catch extending inwardly from respective arms of pair of the mounting arms (mounting mechanisms known to those of skill in the art can also be used to removably secure the optics module 110 within the outer frame 115, including screws, spring loaded detents or catches, and other structures.[0063]; Fig. 2A shows mounting mechanisms 135/140, extending inwardly). It would have been obvious to one of ordinary skill in the art at the time the application was filed to modify the modified ophthalmoscope of Stumpf to include at least one pair of catches comprises a pair of catches, each catch extending inwardly from respective arms of pair of the mounting arms, as Khan teaches in [0067] for the predictable advantage of removing and replacing the module to provide a module of different functionality, e.g., to support different types of eye tests, as Khan teaches in [0067].
Allowable Subject Matter
Claim 7 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: The prior art failed to show the pertinent prior art cannot be reasonably construed as adequately teaching the elements and features of the ophthalmoscope wherein: each mounting arm includes a vertical portion extending upwardly from the base plate and defining an elongated groove therein, and a horizontal portion extending rearwardly from a distal end of the vertical portion, and wherein the housing of the optical device includes a pair of elongated rails, each elongated rail extending along a corresponding side edge of the rear window, and each elongated rail of the housing of the optical device is slidably received in the elongated groove of a corresponding mounting arm.
Claim 8 is object as being depends on objected claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fletcher et al. (US 11,129,532) discloses Retinal Cellscope Apparatus, Patel et al. (US 5,652,639) discloses Indirect Ophthalmoscope Producing An Erect Stereoscopic Image, and Krumholz (US 2019/0246900) discloses Tele-microscopic magnifying attachment for binocular indirect ophthalmoscopes.
The difference between the applied art used for the rejection and the disclosure of the instant application: Although, the prior art in record teaches at least one catch configured to engage the housing as in claim 14, the prior art in record doesn’t explicitly teach “catches of the mounting clip can keep the device from sliding forwardly off the ophthalmoscope”, as recited in paragraph [0046] of the detailed description of the instant application.
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/R.A/Examiner, Art Unit 2872
/BALRAM T PARBADIA/Primary Examiner, Art Unit 2872
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