Prosecution Insights
Last updated: October 23, 2026
Application No. 19/064,050

FACILITATING OPHTHALMIC SURGERY USING AUTOMATED DETECTION OF PURKINJE IMAGES

Non-Final OA §102
Filed
Feb 26, 2025
Priority
Mar 27, 2024 — provisional 63/570,404
Examiner
GAGNON, GRANT A
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Alcon Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
397 granted / 479 resolved
+14.9% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
39 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
44.2%
+4.2% vs TC avg
§102
42.7%
+2.7% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 479 resolved cases

Office Action

§102
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 IDS filed to date have been considered. 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samec (US 20160270656, of record) herein after referred to as D1. With regard to claim 1, D1 teaches an ophthalmic system, in at least (Figs. 1 and 5); comprising: an ophthalmic microscope (Fig. 1, and [0786]) including first illuminator optics (18, left) and second illuminator optics (18, right) configured to emit light (38) onto an eye (20, left and right) of a patient ([0003]); and a controller ([1433]) coupled to the first illuminator optics (18, left) and the second illuminator optics (18, right), the controller ([1433]) configured: operate in a first mode ([0817]-[0824] and [1611] encompass many different modalities) in which light (38) emitted by the first illuminator optics (18, left) and light (38) emitted by the second illuminator optics (18, right) have a first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations); and operate in a second mode ([0817]-[0824] and [1611] encompass many different modalities) in which the light (38) emitted by the first illuminator optics (18, left)and the light (38) emitted by the second illuminator optics (18, right) have a second configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations) that (a) enhances visibility of one or more Purkinje images ([0480]-[0482]) projected onto the eye (20, left and right) of the patient ([0003]) by the first illuminator optics (18, left) relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 2, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 1, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is further configured to operate in the second mode ([0817]-[0824] and [1611] encompass many different modalities) such that the second configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations) (b) enhances fixation ([0422]-[0424]) by the patient ([0003]) on the light (38) emitted by the first illuminator optics (18, left) relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 3, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 2, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to achieve (a) and (b) by changing a wavelength distribution ([0474]) of the light (38) emitted by the first illuminator optics (18, left)relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 4, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 3, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to achieve (a) and (b) by shifting the wavelength distribution ([0474]) toward longer wavelengths ([2088]). With regard to claim 5, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 2, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to achieve (a) and (b) by changing an intensity ([1521]) of the light (38) emitted by the first illuminator optics (18, left)relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 6, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 2, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to achieve (a) and (b) by modulating ([1520]) an intensity ([1521]) of the light (38) emitted by the first illuminator optics (18, left) at a frequency ([2048]) of between 2 and 20 Hz ([2048]). With regard to claim 7, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 2, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to achieve (a) and (b) by changing a wavelength of the light (38) emitted by the second illuminator optics (18, right) relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 8, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 2, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to achieve (a) and (b) by decreasing intensity ([1521]) of the light (38) emitted by the second illuminator optics (18, right) relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 9, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 2, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); further comprising a paraxial light (38) source offset ([1576]) from optical axes ([1836]) of the first illuminator optics (18, left)and the second illuminator optics (18, right) and defining an angle ([1871]) relative to the optical axes ([1836]) of between 5 and 12 degrees ([1871]), wherein the controller ([1433]) is further configured to achieve (a) and (b) by changing at least one of intensity ([1521]) and wavelength distribution ([0474]) of light (38) emitted by the paraxial light (38) source relative to the first configuration ([0817]-[0824] and [1611] encompass many different modalities and configurations). With regard to claim 10, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 1, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the one or more Purkinje images ([0480]-[0482]) include P1 and P4 Purkinje images ([0480]-[0482]). With regard to claim 11, D1 teaches an ophthalmic system comprising: an ophthalmic microscope (Fig. 1, and [0786]) including: first illuminator optics (18, left), first microscope (Fig. 1, and [0786]) optics, and a first camera (24), the first illuminator optics (18, left)configured to emit first light (38) onto an eye (20, left and right) of a patient ([0003]) and transmit first reflected light (38) from the eye (20, left and right) of the patient ([0003]) to the first microscope (Fig. 1, and [0786]) optics, the first camera (24) configured to detect at least a portion of the first reflected light (38) that passes through the first microscope (Fig. 1, and [0786]) optics; and second illuminator optics (18, right), second microscope (Fig. 1, and [0786]) optics, and a second camera (30), the second illuminator optics (18, right) configured to emit second light (38) onto the eye (20, left and right) of the patient ([0003]) and transmit second reflected light (38) from the eye (20, left and right) of the patient ([0003]) to the second microscope (Fig. 1, and [0786]) optics, the second camera (30) configured to detect at least a portion of the second reflected light (38) that passes through the second microscope (Fig. 1, and [0786]) optics; and a controller ([1433]) coupled to the first illuminator optics (18, left), the second illuminator optics (18, right), the first camera (24), and the second camera (30), the controller ([1433]) configured to: (a) modulate ([1520]) at least one of the first light (38) or the second light (38) to enhance visibility of Purkinje images ([0480]-[0482]) projected onto the eye (20, left and right) of the patient ([0003]) by the first illuminator optics (18, left); while performing (a), capture visualization images ([1767])output by the first camera (24) and the second camera (30); identify locations ([1811]) of the Purkinje images ([0480]-[0482]) in the visualization images ([1767]); and produce an output based on the locations ([1811]). With regard to claim 12, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 11, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to perform (a) by modulating ([1520]) an intensity ([1521]) according to a pattern ([1845]) synchronized with a frame rate ([2056]) at which the visualization images ([1767]) are captured. With regard to claim 13, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 12, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the controller ([1433]) is configured to calculate one or more difference images ([2090]) from the visualization images ([1767]) in accordance with the pattern ([1845]) and identify locations of the Purkinje images ([0480]-[0482]) in the one or more difference images ([2090]). With regard to claim 14, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 13, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the pattern ([1845]) includes one or more first images ([1761]) captured with the first light (38 L) at a first intensity ([1521]) and one or more second images ([1761]) captured with the second light (38 R) at a second intensity ([1521]) that is less than the first intensity ([1521]), each difference images ([2090]) calculated as a pixelwise difference between at least one of the one or more first images ([1761]) and at least one of the one or more second images ([1761]). With regard to claim 15, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 11, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the output comprises a visualization labeled with the locations of the Purkinje images ([0480]-[0482]). With regard to claim 16, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 11, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); further comprising a robotic actuator (30) coupled to the ophthalmic microscope (fig. 1), wherein the output comprises activation of the robotic actuator (30). With regard to claim 17, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 11, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the output comprises an adjustment of a foci ([0026]) of the first microscope (Fig. 1, and [0786]) optics and the second microscope (Fig. 1, and [0786]) optics according to the locations ([1811]). With regard to claim 18, D1 teaches a system comprising: an ophthalmic microscope (Fig. 1, and [0786]) including: first illuminator optics (18, left), first microscope (Fig. 1, and [0786]) optics, and a first camera (24), the first illuminator optics (18, left)configured to emit first light (38) onto an eye (20, left and right) of a patient ([0003]) and transmit first reflected light (38) from the eye (20, left and right) of the patient ([0003]) to the first microscope (Fig. 1, and [0786]) optics, the first camera (24) configured to detect at least a portion of the first reflected light (38) that passes through the first microscope (Fig. 1, and [0786]) optics; and second illuminator optics (18, right), second microscope (Fig. 1, and [0786]) optics, and a second camera (30), the second illuminator optics (18, right) configured to emit second light (38) onto the eye (20, left and right) of the patient ([0003]) and transmit second reflected light (38) from the eye (20, left and right) of the patient ([0003]) to the second microscope (Fig. 1, and [0786]) optics, the second camera (30) configured to detect at least a portion of the second reflected light (38) that passes through the second microscope (Fig. 1, and [0786]) optics; and a controller ([1433]) coupled to the first illuminator optics (18, left), the second illuminator optics (18, right), the first camera (24), and the second camera (30), the controller ([1433]) configured to: receive first images ([1767])of the eye (20, left and right) of the patient ([0003]) from the first camera (24) and the second camera (30); identify Purkinje images ([0480]-[0482]) in first images ([1767])output by the first camera (24) and the second camera (30); registering a visual axis defined by the Purkinje images ([0480]-[0482]) with respect to the first images; receive second images ([1767])of the eye (20, left and right) of the patient ([0003]) from the first camera (24) and the second camera (30) after receiving the first images; perform eye (20, left and right) tracking to determine movement of the eye (20, left and right) of the patient ([0003]) relative to a position of the eye (20, left and right) at a time of capture of the first images; determine a current position of the visual axis according to the eye (20, left and right) tracking; and produce an output based on the current position. With regard to claim 19, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 18, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); wherein the output comprises a marker indicating misalignment of the eye (20, left and right) of the patient ([0003]). With regard to claim 20, D1 teaches all of the claimed limitations of the instant invention as have been outlined with respect to claim 18, wherein D1 further teaches an ophthalmic device, in at least (Figs. 1 and 5); further comprising a robotic actuator (30) coupled to the ophthalmic microscope (Fig. 1, and [0786]), wherein the output is an activation of the robotic actuator (30) selected to drive the ophthalmic microscope (Fig. 1, and [0786]) to toward a position relative to the eye (20, left and right) of the patient ([0003]) corresponding to the first images ([1761]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT A GAGNON whose telephone number is (571)270-0642. The examiner can normally be reached M-F 7:30-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bumsuk Won can be reached at (571) 272-2713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GRANT A GAGNON/ Examiner, Art Unit 2872 /BALRAM T PARBADIA/ Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Feb 26, 2025
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
91%
With Interview (+7.7%)
2y 7m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 479 resolved cases by this examiner. Grant probability derived from career allowance rate.

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