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 .
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 1-31 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.
Applicant recites the term “and/or” throughout the claims. This term renders the claim indefinite. Applicant should either recite “and” or “or” instead of “and/or”. Clarification is requested via amendments.
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.
Claim(s) 1-8, 10-19, 21-29, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gazzaley (USPN 2022/0036752-cited by the applicant) in view of Padula et al. (USPN 2022/0026711-Cited by the Applicant).
Regarding claim 1, Gazzaley discloses a method comprising executing computer program instructions to measure a patient's visual motion detection threshold by: displaying on a display screen a fixation target on a background image (figures 1B-1C, 2); adjusting characteristics of a pattern displayed against the background image while displaying the fixation target ([0234]-[0237], figures 1B, 4); receiving an indication when the pattern becomes visible to the patient while adjusting the characteristics of the threshold wave pattern ([0235]-[0237]); and establishing the patient's measured visual motion detection threshold based on receiving the indication ([0250]). Gazzaley does not disclose of a threshold wave pattern. However, Padula et al. in the related art of ambient visual process and a focal visual process of a user, discloses of a threshold wave pattern, when the threshold wave pattern ([0025], [0031]). It would have been obvious to one of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention to modify the method, as disclosed by Gazzaley, to include stripes as disclosed by Padula et al., because it allows to open the compression of the visual field in 360 degrees (See Padula et al. [0031]) in order to obtain more accurate measurements.
Regarding claim 2, Gazzaley as modified by Padula et al. discloses the method of claim 1, Gazzaley discloses further comprising comparing the patient's measured visual motion detection threshold to a pre-defined visual motion detection threshold of the patient ([0027] "when an individual's determined performance is below a prescribed threshold level, the difficulty of the task is adjusted via presentation of a new interference. In some embodiments, the new interference is in addition to an existing interference.").
Regarding claim 3, Gazzaley as modified by Padula et al. discloses the method of claim 1, Gazzaley discloses wherein the patient has a physiological condition that affects the patient's visual motion detection threshold ([0006] "a display component and an input device comprising presenting at least a visual task to the individual using the display component requiring a response from the individual via the input device; presenting at least a first interference with the first task, wherein the first interference diverts the individual's attention from the visual task; obtaining in the computer device the individual's response to the at least a visual task; and analyzing in the computer device the difference in the individual's performance when performing the at least a visual task without interference and with interference to determine an individual's cognitive skills."; [0025] "the analyzing step comprises comparing the individual's performance to a determined threshold performance level of the individual relative to each performed task and associated interference.").
Regarding claim 4, Gazzaley as modified by Padula et al. discloses the method of claim 1, Padula et al. discloses wherein adjusting the characteristics of the threshold wave pattern displayed against the background image includes varying a contrast of the threshold wave pattern compared to the background image ([0025]).
Regarding claim 5, Gazzaley as modified by Padula et al. discloses the method of claim 1, Padula et al. discloses wherein adjusting the characteristics of the threshold wave pattern displayed against the background image includes varying a frequency, amplitude, brightness, type of threshold movement, and/or location of the threshold wave pattern ([0025]).
Regarding claim 6, Gazzaley as modified by Padula et al. discloses the method of claim 1, Padula et al. discloses wherein the threshold wave pattern includes a sine wave and/or a square wave ([0025] "the background is a pattern of horizontal, diagonal, or vertical stripes, although other embodiments may include, but are not limited to, angled stripes, square waves, or sine waves.").
Regarding claim 7, Gazzaley as modified by Padula et al. discloses the method of claim 1, Gazzaley discloses wherein the indication identifies a location on the background image where became visible to the patient ([0234]-[0237]; fig. 1B-1C, 2). Padula et al. discloses the threshold wave pattern (para [0032] "the user may appear in a virtual room where the background (for example, the pattern of stripes) appears as a wall and the fixation target is located in front of the background. The virtual room may provide for a stabilization of the field. In other embodiments, the user may view the background within some or all of the user's field of view in the head-mounted PA VE device."; [0043]; fig. 4).
Regarding claim 8, Gazzaley as modified by Padula et al. discloses the method of claim 1, Padula et al. discloses wherein the indication identifies a time when the threshold wave pattern became visible to the patient ([0029]; [0043]).
Regarding claim 10, Gazzaley as modified by Padula et al. discloses the method of claim 1, Padula et al. discloses wherein the display screen is on a wearable headset ([0037] "the PA VE device 100 can include a head mounted display (HMD) 102.").
Regarding claim 11, Gazzaley as modified by Padula et al. discloses the method of claim 1, Gazzaley discloses wherein the visual motion detection threshold is a spatial visual process threshold ([0250]).
Claim(s) 9, 20, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gazzaley (USPN 2022/0036752-cited by the applicant) in view of Padula et al. (USPN 2022/0026711-Cited by the Applicant) as applied to claims 1, 12, 22 above, and further in view of Thompson et al. (USPN 2020/0069248-Cited by the Applicant).
Gazzaley as modified by Padula et al. discloses discloses the method further comprising: comparing the patient's measured visual motion detection threshold to a pre-defined visual motion detection threshold of the patient ([0234]-[0237]; [0250]).
The combination does not disclose wherein the patient is suspected of having a concussion, thereby confirming whether the patient has a concussion.
However, Thompson et al. in the related art of stimulus & eye tracking discloses wherein the patient is suspected of having a concussion, thereby confirming whether the patient has a concussion ([0067], [0075], [0079]). Therefore, It would have been obvious to one with ordinary skill in the art at the time the invention was made to modify the method, as disclosed by Gazzaley, as modified by Padula et al., to include invention, as disclosed by Thompson et al., because it allows assessing any one or more of the presence or absence of concussions (See Thompson et al. - para [0079]), in order obtain additional information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791
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