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 01/14/2025, 02/19/2025, 07/14/2025, 01/05/2026 and 03/18/2026 has been considered by the examiner.
Double Patenting
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 3-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,413,211. Although the claims at issue are not identical, they are not patentably distinct from each other because the removal of the limitations “a main body including at least one ocular holes positioned to correspond with an eye of a user wearing the vision training device” and “a drive motor configured to move the lens holder so that one of the lenses of the lens unit disposed on the line of sight axis” renders claims 3-20 of the instant application as broadened and obvious variants of claims 1-19 of U.S. Patent No. 11,413,211.
Claims 3-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,239,602. Although the claims at issue are not identical, they are not patentably distinct from each other because the removal of the limitations “a main body” and “a motor to manipulate the first and second lenses to change between the first and second diopter settings” renders claims 3-20 of the instant application as broadened and obvious variants of claims 1-20 of U.S. Patent No. 12,239,602.
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.
Claims 3-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hosoi et al. (US 2003/0081175; already of record) in view of Becker et al. (US 2010/018256; already of record), and further in view of Randle (US 4,778,268; already of record).
Regarding claim 3, Hosoi discloses, a vision training device, comprising:
a lens unit (2, 20), which has first and second diopter settings (Para. 0025-0026); and
at least one non-transitory machine-readable medium (8) having stored thereon data which, if used by at least one machine (8), causes the at least one machine to perform operations comprising:
present the lens unit at the first diopter setting to a user (Para. 0025-0026) and determining a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting (Para. 0025-0026 and 0040);
present the lens unit at the second diopter setting to the user (Para. 0025-0026) and determining a second period of time in which the eye achieves a second accommodated state at the second diopter setting (Para. 0025-0026 and 0040).
Hosoi does not disclose at least one machine which causes the at least one machine to perform operations comprising present the lens unit at the first diopter setting to a user and store a first accommodation time indicating a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting, in response to a training mode being selected through a user interface, present the lens unit at the first diopter setting to the user for less than or equal to the first training time; present the lens unit at the second diopter setting to the user and store a second accommodation time indicating a second period of time in which the eye achieves a second accommodated state at the second diopter setting; and in response to the mode being selected through the user interface, present the lens unit at the second diopter setting to the user for less than or equal to the second training time.
Becker teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one machine which causes the at least one machine to perform operations comprising present the lens unit at the first diopter setting to a user and store a first accommodation time indicating a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting (Para. 0011, 0096 and 0156); in response to a training mode being selected through a user interface, present the lens unit at the first diopter setting to the user for less than or equal to the first training time (Para. 0011, 0096 and 0156); present the lens unit at the second diopter setting to the user and store a second accommodation time indicating a second period of time in which the eye achieves a second accommodated state at the second diopter setting (Para. 0011, 0096 and 0156); and in response to the mode being selected through the user interface, present the lens unit at the second diopter setting to the user for less than or equal to the second training time (Para. 0011, 0096 and 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the at least one machine which causes the at least one machine to perform operations comprising present the lens unit at the first diopter setting to a user and store a first accommodation time indicating a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting, and present the lens unit at the second diopter setting to the user and store a second accommodation time indicating a second period of time in which the eye achieves a second accommodated state at the second diopter setting as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Hosoi in view of Becker does not disclose a training mode selection part, and the controller is configured to set a first training time for the lens unit at the first diopter setting, the first training time being based on the first accommodation time; and set a second training time for the lens unit at the second diopter setting, the second training time being based on the second accommodation time.
Randle teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one machine which causes the at least one machine to perform operations comprising a training mode selection part (Col. 5, lines 11-53), and the controller is configured to set a first training time for the lens unit at the first diopter setting, the first training time being based on the first accommodation time (Col. 3, lines 28-50 and Col. 5, lines 45-53); and set a second training time for the lens unit at the second diopter setting, the second training time being based on the second accommodation time (Col. 3, lines 28-50 and Col. 5, lines 45-53).
Therefore, it would have been desirable to include a training mode selection part, and the controller is configured to set a first training time for the lens unit at the first diopter setting, the first training time being based on the first accommodation time; and set a second training time for the lens unit at the second diopter setting, the second training time being based on the second accommodation time as taught by the vision training device of Randle in the combination of Hosoi in view of Becker since Randle teaches it is known to include these features in a vision training device for the purpose of providing an accurate vision training device.
Regarding claims 4 and 13, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one non-transitory machine-readable medium has stored thereon data which, if used by the at least one machine, causes the at least one machine to: in response to presenting the lens unit at the first diopter setting to the user for less than or equal to the first training time (Para. 0011, 0069 ,0096 and 0156), store an updated first accommodation time indicating an updated first period of time in which the eye achieves an additional first accommodated state for the first diopter setting (Para. 0011, 0069 ,0096 and 0156); set an updated first training time for the lens unit at the first diopter setting, the updated first training time being based on the updated first accommodation time (Para. 0011, 0069 ,0096 and 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 5 and 14, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the updated first accommodation time is shorter than the first accommodation time (Para. 0011, 0069 ,0096 and 0156); and the updated first training time is less than the first training time (Para. 0011, 0069, 0096 and 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 6 and 15, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one non-transitory machine-readable medium has stored thereon data which, if used by the at least one machine, causes the at least one machine to, in response to the training mode again being selected through the user interface, present the lens unit at the first diopter setting to the user for less than or equal to the updated first training time (Para. 0011, 0096 and 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 7 and 16, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one non-transitory machine-readable medium has stored thereon data which, if used by the at least one machine, causes the at least one machine to store the first accommodation time in response to at least one of (a) a selection from the user interface indicating the eye achieved the first accommodated state for the first diopter setting, or (b) a signal from a sensor module indicating the eye achieved the first accommodated state for the first diopter setting (Para. 0011, 0069, 0096, 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 8 and 17, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one non-transitory machine-readable medium has stored thereon data which, if used by the at least one machine, causes the at least one machine to, in response to a measurement mode being selected through the user interface, present the lens unit at the first diopter setting to the user and store the first accommodation time indicating the first period of time in which the eye achieves the first accommodated state for the first diopter setting (Para. 0011, 0069, 0096, 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 9 and 18, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one non-transitory machine-readable medium has stored thereon data which, if used by the at least one machine, causes the at least one machine to, in response to an expiration of the first training time, present the lens unit at the second diopter setting to the user for less than or equal to the second training time (Para. 0011, 0069, 0096, 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 10 and 19, Hosoi, Becker and Randle discloses and teaches as set forth above, and Becker further teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the first training time is less than the first accommodation time (Para. 0011, 0069, 0096, 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Regarding claims 11 and 20, Hosoi, Becker and Randle discloses and teaches as set forth above, and Hosoi further discloses, the first diopter setting is unequal to the second diopter setting (Para. 0025-0026 and 0040); the first accommodation time is unequal to the second accommodation time (Para. 0025-0026 and 0040); and the first training time is unequal to the second training time (Para. 0025-0026 and 0040).
Regarding claim 12, Hosoi discloses, at least one non-transitory machine-readable medium (8) having stored thereon data which, if used by at least one machine (8), causes the at least one machine to perform operations comprising:
present the lens unit at the first diopter setting to a user (Para. 0025-0026) and determining a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting (Para. 0025-0026 and 0040);
present the lens unit at the second diopter setting to the user (Para. 0025-0026) and determining a second period of time in which the eye achieves a second accommodated state at the second diopter setting (Para. 0025-0026 and 0040).
Hosoi does not disclose at least one machine which causes the at least one machine to perform operations comprising present the lens unit at the first diopter setting to a user and store a first accommodation time indicating a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting, in response to a training mode being selected through a user interface, present the lens unit at the first diopter setting to the user for less than or equal to the first training time; present the lens unit at the second diopter setting to the user and store a second accommodation time indicating a second period of time in which the eye achieves a second accommodated state at the second diopter setting; and in response to the mode being selected through the user interface, present the lens unit at the second diopter setting to the user for less than or equal to the second training time.
Becker teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one machine which causes the at least one machine to perform operations comprising present the lens unit at the first diopter setting to a user and store a first accommodation time indicating a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting (Para. 0011, 0096 and 0156); in response to a training mode being selected through a user interface, present the lens unit at the first diopter setting to the user for less than or equal to the first training time (Para. 0011, 0096 and 0156); present the lens unit at the second diopter setting to the user and store a second accommodation time indicating a second period of time in which the eye achieves a second accommodated state at the second diopter setting (Para. 0011, 0096 and 0156); and in response to the mode being selected through the user interface, present the lens unit at the second diopter setting to the user for less than or equal to the second training time (Para. 0011, 0096 and 0156).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the at least one machine which causes the at least one machine to perform operations comprising present the lens unit at the first diopter setting to a user and store a first accommodation time indicating a first period of time in which the user's eye achieves a first accommodated state at the first diopter setting, and present the lens unit at the second diopter setting to the user and store a second accommodation time indicating a second period of time in which the eye achieves a second accommodated state at the second diopter setting as taught by the vision training device of Becker in the vision training device of Hosoi since Becker teaches it is known to include these features in a vision training device for the purpose of providing a vision training device with improved accuracy.
Hosoi in view of Becker does not disclose a training mode selection part, and the controller is configured to set a first training time for the lens unit at the first diopter setting, the first training time being based on the first accommodation time; and set a second training time for the lens unit at the second diopter setting, the second training time being based on the second accommodation time.
Randle teaches, from the same field of endeavor that in a vision training device that it would have been desirable to make the at least one machine which causes the at least one machine to perform operations comprising a training mode selection part (Col. 5, lines 11-53), and the controller is configured to set a first training time for the lens unit at the first diopter setting, the first training time being based on the first accommodation time (Col. 3, lines 28-50 and Col. 5, lines 45-53); and set a second training time for the lens unit at the second diopter setting, the second training time being based on the second accommodation time (Col. 3, lines 28-50 and Col. 5, lines 45-53).
Therefore, it would have been desirable to include a training mode selection part, and the controller is configured to set a first training time for the lens unit at the first diopter setting, the first training time being based on the first accommodation time; and set a second training time for the lens unit at the second diopter setting, the second training time being based on the second accommodation time as taught by the vision training device of Randle in the combination of Hosoi in view of Becker since Randle teaches it is known to include these features in a vision training device for the purpose of providing an accurate vision training device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fujikado et al. (US 2020/0085293) discloses a vision training device a main body including at least one ocular hole, a lens unit, a drive motor, controller and a user input that includes a training mode selection part.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 9-5.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 09/24/2026
