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
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statement dated 2/24/2025 and 8/04/2026 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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, 2, 4, 5, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takii (20190269318).
Regarding claim 1, Takii discloses a subjective optometry system (Fig 1A, [0046], subjective optometry apparatus 1) for subjectively measuring optical characteristics of a subject eye ([0045], subjectively measuring an eye refractive power of a subject eye), the subjective optometry system (1) comprising: a target presentation unit (Fig 4A, [0046], visual target presenting portion (for example, a display 11)) configured to present an examination visual target to the subject eye ([0046], projects the target light flux emitted from the visual target presenting portion toward the subject eye); a correction unit (81) configured to change an optical characteristic of a target light flux emitted from the target presentation unit ([0062], calibration portion may be configured to change the optical characteristics (for example, at least any one of the spherical power, the cylindrical surface power (astigmatic power), the astigmatic axis angle, the polarization characteristics, and the amount of aberration) of the target light flux); a self-optometry program setting unit (50) configured to set either a first self-optometry program that automatically proceeds with a plurality of examination items for the subject eye based on a response input by an examinee ([0162], optometry unit 50 is controlled by the control portion 80 and the setting of the initial value is completed, the examiner performs the near examination of the subject eye while changing the examination visual target together with the change of the calibration power of the optometry unit 50), or a second self-optometry program that automatically proceeds with a plurality of examination items for the subject eye based on a response input by the examinee ([0163], examiner performs switching to the visual target having a visual acuity value higher by one step in a case where the answer of the examinee is a correct answer), the second self-optometry program having a different examination condition from the first self-optometry program ([0162]-[0163], unit 50 describes changing the examination visual target together with the change of the calibration power while another performance is described that is prompted by a correct answer being given)and a control unit (80) configured to control ([0141], control portion 80 may be configured with a plurality of control portions), based on the first self-optometry program ([0027], a subjective optometry program used in a subjective optometry apparatus) or the second self-optometry program set by the self-optometry program setting unit ([0044], terminal control software (program)), at least one of the target presentation unit ([0062], calibration portion) and the correction unit (81) to advance an optometry according to a procedure of the first self-optometry program ([0152], controller 81 is operated by the examiner and a near mode for performing the near subjective examination is selected) or the second self-optometry program.
Regarding claim 2, Takii discloses wherein the first self-optometry program and the second self-optometry program differ in at least one of the plurality of examination items, as the examination condition ([0141], various programs for controlling the operation of the subjective optometry apparatus 1, examination visual target data, and the like, are stored in the ROM).
Regarding claim 4, Takii discloses wherein the first self-optometry program and the second self-optometry program have different examination visual targets used in the examination item, as the examination condition ([0055], a visual target plate may be employed, plurality of visual targets).
Regarding claim 5, Takii discloses comprising: a setting change unit ([0064], optometry unit (phoropter)) configured to change at least one examination condition of an examination condition of the first self-optometry program and an examination condition of the second self-optometry program ([0064], electrically switch the optical elements by the driving of the driving portion (for example, a motor)).
Regarding claim 8, Takii discloses a non-transitory computer-readable storage medium storing ([0044], a system or an apparatus through a network, any of various storage mediums) a subjective optometry program ([0027], non-transitory computer readable recording medium storing a subjective optometry program) used in a subjective optometry system (Fig 1A, [0046], subjective optometry apparatus 1) for subjectively measuring optical characteristics of a subject eye ([0045], subjectively measuring an eye refractive power of a subject eye), the subjective optometry system including a target presentation unit (Fig 4A, [0046], visual target presenting portion (for example, a display 11)) configured to present an examination visual target to the subject eye ([0046], projects the target light flux emitted from the visual target presenting portion toward the subject eye), and a correction unit (81) configured to change an optical characteristic of a target light flux emitted from the target presentation unit ([0062], calibration portion may be configured to change the optical characteristics (for example, at least any one of the spherical power, the cylindrical surface power (astigmatic power), the astigmatic axis angle, the polarization characteristics, and the amount of aberration) of the target light flux), the subjective optometry program ([0027], non-transitory computer readable recording medium storing a subjective optometry program) comprising an instruction of performing ([0141], various programs for controlling the operation of the subjective optometry apparatus): a self-optometry program setting step of setting either a first self-optometry program that automatically proceeds with a plurality of examination items for the subject eye based on a response input by an examinee ([0162], optometry unit 50 is controlled by the control portion 80 and the setting of the initial value is completed, the examiner performs the near examination of the subject eye while changing the examination visual target together with the change of the calibration power of the optometry unit 50), or a second self-optometry program that automatically proceeds with a plurality of examination items for the subject eye based on a response input by the examinee ([0163], examiner performs switching to the visual target having a visual acuity value higher by one step in a case where the answer of the examinee is a correct answer), the second self-optometry program having a different examination condition from the first self-optometry program ([0162]-[0163], unit 50 describes changing the examination visual target together with the change of the calibration power while another performance is described that is prompted by a correct answer being given); and a control step of controlling ([0141], control portion 80 may be configured with a plurality of control portions), based on the first self-optometry program or the second self- optometry program set in the self-optometry program setting step ([0141], various programs for controlling the operation of the subjective optometry apparatus), at least one of the target presentation unit ([0062], calibration portion) and the correction unit (81) to advance an optometry according to a procedure of the first self-optometry program ([0152], controller 81 is operated by the examiner and a near mode for performing the near subjective examination is selected) or the second self-optometry program.
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.
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.
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Takii (20190269318) in view of Kanazawa (20110075099).
Regarding claim 3, Takii discloses wherein the first self-optometry program ([0027], a subjective optometry program) includes, as the plurality of examination items ([0055], examination of visual acuity), an examination item for examining a refractive power of the subject eye ([0068], refractive power measured) but does not teach the second self- optometry program includes, as the plurality of examination items, an examination item for examining a binocular vision function of the subject eye in addition to the examination item for examining the refractive power of the subject eye. However, in a similar endeavor, Kanazawa teaches the second self-optometry program includes ([0031], optometric apparatus 50 includes a memory 43 arranged to store a control program and other data), as the plurality of examination items ([0038], operating the optometric apparatus 50 and the optotype presenting apparatus 70 or 80), an examination item for examining a binocular vision function ([0040], performs the binocular vision test) of the subject eye in addition to the examination item for examining the refractive power of the subject eye ([0038], Refractive power of a right eye ER and refractive power of a left eye EL (e.g., sphere power, astigmatic power, an astigmatic axis) of the examinee are measured by operating the optometric apparatus 50). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the optometry system of Takii with the components of Kanazawa for the purpose of reducing the upsizing and cost of an optometric apparatus (Kanazawa, [0043]).
Allowable Subject Matter
Claims 6 and 7 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 dependent claim 6, the prior art of Takii taken either singly or in combination with any other prior art fails to suggest such a subjective optometry system including the specific arrangement: “an optometry schedule setting unit configured to set an optometry schedule in which the first self-optometry program and the second self-optometry program are each associated with a predetermined period, wherein the self-optometry program setting unit sets to switch between the first self- optometry program and the second self-optometry program, based on the optometry schedule set by the optometry schedule setting unit”. Claim 7 is allowable due to pendency on dependent claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi (11471043), Hirayama (20200037869), and Hosoi (5610671) are examples of an electronic ophthalmic apparatus for measuring visual performance of an examinee's eye.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sharrief I Broome whose telephone number is (571)272-3454. The examiner can normally be reached Monday-Friday 8am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Sharrief I. Broome
Primary Examiner
Art Unit 2872
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872
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