Prosecution Insights
Last updated: October 25, 2026
Application No. 19/108,207

DEVICE FOR DETERMINING THE LENGTH OF AN OBJECT, IN PARTICULAR THE LENGTH OF AN EYE

Non-Final OA §102
Filed
Mar 03, 2025
Priority
Sep 01, 2022 — DE 10 2022 122 164.4 +1 more
Examiner
JONES, JAMES
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Heidelberg Engineering GmbH
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1186 granted / 1341 resolved
+20.4% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
30 currently pending
Career history
1373
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
18.5%
-21.5% vs TC avg
§102
63.0%
+23.0% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1341 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/20/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schuele (20160278629) hereafter Schuele. Regarding claim 1, Schuele discloses a device for performing optical coherence tomography (OCT) (fig. 1, par. [0034]), comprising an interferometer for guiding a light bundle into a dispersive object to be examined (human eye 15), which influences the propagation speed of light as a function of its frequency (par. [0049]), and an evaluation unit (fig. 3, element 48 as the claimed unit) for detecting a length of the object (par. [0005], step 3), par. [0084] “information regarding the axial length of the eye”), characterized in that the evaluation unit analyzes interferometric data obtained from an OCT signal or interference spectrum (fig. 6) and determines dispersion-related data of the interferometric data (step 508) and determines the length by means of the dispersion-related data ([0054] and [0084]). Regarding claim 2, Schuele discloses the device as claimed in claim 1, wherein the evaluation unit determines the length of the object by a fit to a model or on the basis of a model, which represents the influence of dispersion on light as a function of the path distance which the light has passed through in a dispersive medium (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 3, Schuele discloses the device as claimed in claim 1, wherein the evaluation unit makes use of a predetermined model, which theoretically describes the dispersion, namely the influence of a medium on the propagation speed of light in this medium (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 4, Schuele discloses the device as claimed in claim 2, wherein the model describes the dispersion behavior of one medium or multiple media of the human eye (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 5, Schuele discloses the device as claimed in claim 1, wherein the interferometric data comprise A-scans or OCT images, which are generated from partial spectra of an interference spectrum (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 6, Schuele discloses the device as claimed in claim 5, wherein the evaluation unit determines an axial distance of every two A-scans or every two OCT images along a beam direction to determine the dispersion-related data (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 7, Schuele discloses the device as claimed in claim 6, wherein the evaluation unit lays a matching curve or fit curve through values, which are obtained from the dispersion-related data, in order to determine the length (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 8, Schuele discloses the device as claimed in claim 1, characterized by a design as a FD-OCT, namely as a device which is suitable for performing frequency domain optical coherence tomography (FD-OCT), in particular spectral domain optical coherence tomography (SD-OCT) or swept source optical coherence tomography (SS-OCT) (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 9, Schuele discloses a method for determining the length of a human eye (par. [0005], step 3) par. [0084] “information regarding the axial length of the eye”) using a device as claimed in claim 1, comprising the following steps: recording an interference spectrum using the device (see fig. 6, “measured spectral interferogram”); dividing the interference spectrum into two or more partial spectra (fig. 6, step 510, see [0050][0053]); calculating an A-scan or an OCT image for each partial spectrum (see [0053] “signal components corresponding to position P1/P2” and [0054] “by decoding the signals at depth position P1 and depth position P2 in this manner”); determining the relative axial offset of every two A-scans or every two OCT images (see [0084] the eye length AXL, [fig. 2] is determined form the OCT images at the first depth P1 and at the second depth P2; this requires ascertainment of the axial offset between the anterior corneal peak and the retinal peak: cf. [0057]) in optical path length in relation to one another, in order to conclude the dispersion behavior of the eye; determining the length of the eye on the basis of a model, in particular a matching curve or fit curve, which represents the influence of dispersion on light as a function of the path distance which the light has passed through in a dispersive medium (fig. 6, step 508, par. [0047]-[005]). Regarding claim 10, Schuele discloses the method as claimed in claim 9, wherein multiple A-scans or OCT images are used together, in particular strips of adjacent A-scans or OCT images, in order to determine the relative axial offset of images from the partial spectra (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 11, Schuele discloses the (fig. 1-6, par. [0002]-[0006], [0034]-[0073]) the method as claimed in claim 9, wherein decentralized A-scans or A-scans from various locations of the ocular fundus are calculated to determine the shape of the ocular fundus (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 12, Schuele discloses the method as claimed in claim 10, wherein an OCT signal of the retina is recorded and the length of the eye is determined, and/or an OCT signal is recorded for the posterior eye segment and the length of the eye is determined (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 13, Schuele discloses the method as claimed in claim 9, wherein the length of the eye and the axial position of an OCT image are used to measure and/or set the distance between a camera of the device and the eye (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 14, Schuele discloses the method as claimed in claim 9, wherein the OCT signal of the posterior eye segment, in particular the retina, is determined as a direct control variable for automatic setting of the distance of a camera of the device from the eye, after its length is determined (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Regarding claim 15, Schuele discloses the method as claimed in claim 9, wherein the curvature of the posterior eye segment, in particular the retina, is determined (fig. 1-6, par. [0002]-[0006], [0034]-[0073]). Conclusion Balagopal (20240344820) is being cited herein to show a reference that discloses some similar features to that of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JONES whose telephone number is (571)270-1278. The examiner can normally be reached 7:00 am - 4:00 pm. 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, Pinping Sun can be reached at (571) 270-1284. 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. /JAMES C. JONES/Primary Examiner, Art Unit 2872
Read full office action

Prosecution Timeline

Mar 03, 2025
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
93%
With Interview (+4.5%)
2y 1m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1341 resolved cases by this examiner. Grant probability derived from career allowance rate.

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