DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to a filing of 7/10/2026.
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 35-39 are 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 pre-AIA the applicant regards as the invention.
Regarding claim 35, cited term of “a voice control process executing on the mobile computing device for processing audio data….” (line 1-2) is indefinite and lacks antecedent. Claim 35 depends on claim 11, but amended claim 11 does not specify “a mobile computing device”.
Claims 36-37 are rejected as containing the deficiencies of claim 35 through their dependency from claim 35.
Claims 38 and 39 have same undefined issues as that of claim 35 on term of “the mobile computing device”.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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 of this title, 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 11-12, 15-16, 26-27, 30-31, 35-42, 44-49, 51-52, 57-62 and 64-65 are rejected under 35 U.S.C. 103 as being unpatentable over Shazly et al (US 20150366713), in a view of Abe (US 20050080467), further in a view of Islam (US 8848282).
Regarding Claim 11, Shazly teaches a laser indirect ophthalmoscope system for delivering laser energy to an eye of a patient (abstract; fig. 1; ¶[0076], line 1-8, a laser indirect ophthalmoscope; ¶[0094], line 5-6, a wireless binocular and (/or laser) indirect ophthalmoscope), the system comprising:
a laser module for generating and delivering the laser energy (fig. 1, 6, 66); and
a wearable assembly for securing the laser module to a body of a user of the laser indirect ophthalmoscope system (fig. 1 and fig. 2, --headset; ¶[0011], line 1-14, the optical system and/or the laser unit are operably disposed on a headset apparatus, which is sized, dimensioned, and configured for mounting on the head of a user); and
including a control module for receiving parameter information and setting parameters for the delivered laser energy based on the parameter information (fig. 1, 7, 17; fig. 5, 17, 300; ¶[0098], line 1-12, a laser outlet assembly 7, which directs and controls the size and focus of the treatment laser beam. According to an embodiment, the laser outlet assembly 7 has a number of rheostats or switches to control the intensity and duration of the laser treatment beam pulse(s); ¶[0133], line 20-30, The movements of both lens 78a and 78b are controlled by the processor 300 to direct the optical beam 222 to different positions on the mirror 113; ¶[0096], line 1-13, The different controls for turning the laser on/off, switching from standby to ready mode, controlling the laser pulse power and duration are housed in a compact control unit 17 that can be attached to the side or the back of the optical operating system 9 via mechanical means such as a magnet or Velcro; ¶[0107], line 1-27, compact surgical system 20; An operator, such as a physician, wears the operating optical system 9 to view a target 11 with his/her eye 10; A processor 300 is coupled to the laser diode assembly 6 via the power regulator 3 to control light generation. The processor 300 may be a microprocessor, microcontroller, or any other type of suitable control electronics. Processor 300 controls the visible laser emitting diode 66 (or multiple visible laser emitting diodes 66), of the laser diode assembly 6, via the power regulator 3 to create an optical beam 222);
the control module having a control module wireless interface (figs. 5; 4, 5, 17, 300; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless; -- timer circuit 4 of control unit 17 has a control module wireless interface for the wirelessly triggering; in order to wireless triggering, both 4 and 5 have wireless interfaces); and
a footswitch having an activation mechanism (fig. 1, 5; fig. 4, 5).
But Shazly does not specifically disclose that wherein the parameter information include a power parameter indicative of user-selected power settings; and a footswitch having an activation mechanism configured to generate activation signals in response to manipulation by a foot of the user.
However, Abe teaches a laser treatment apparatus (abstract; figs. 1-4), wherein the parameter information include a power parameter indicative of user-selected power settings (fig. 1, 1; fig. 4, 30, 4(4a-d); ¶[0017], line 1-4, A control panel 4 is used to set various irradiation conditions such as output power of the treatment beam; ¶[0025], line 1-16, adjusts the light quantity of the lamp 11 with the push or touch of a switch 4a on the control panel 4 and the light quantity of the laser source 32 with a switch 4b on the control panel 4. Further, the operator sets an irradiation time (duration) of the treatment beam with a switch 4c on the control panel 4 and output power of the treatment beam with a knob 4b on the control panel 4); and
a footswitch having an activation mechanism configured to generate activation signals in response to manipulation by a foot of the user (fig. 1, 2; fig. 4, 2, 30; ¶[0017], line 1-4, a footswitch 2 generates a trigger signal for starting irradiation of the treatment beam; ¶[0026], line 1-3, the operator presses the footswitch 2 to emit the treatment beam).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly by the a laser treatment apparatus of Abe for a purpose to provide a laser treatment apparatus which allows easy alignment of a treatment laser beam with a treatment part (¶[0006], line 1-5).
But Shazly - Abe combination does not specifically disclose that wherein a mobile computing device including a computing device wireless interface, a wireless communication interface, transmitting the parameter information to the control module wirelessly using the wireless communication interface; and the control module having a control module wireless interface for wirelessly receiving the parameter information.
However, Islam teaches a light-based medical diagnostic system (abstract; fig. 1), wherein a mobile computing device (fig. 1, 70; col. 6, line 15-20, Host 70 may comprise, for example, a desktop computer, a laptop computer, a server computer, a personal digital assistant, ….) including a computing device wireless interface (fig. 1, 45, 55, 70/90, 50; col. 7, line 15-51, system 100 also includes communication device 50 that enables a medical professional to communicate with host 70; Communication device 50 may comprise, for example, a telephone, a wireless device…; Communications links 45, 55, and 65 may, for example, comprise a twisted-pair copper telephone line, a fiberoptic line, a Digital Subscriber Line (DSL ), a wireless link, a USB bus, a PCI bus, an Ethernet interface, ….);
a wireless communication interface, transmitting the parameter information to the control module wirelessly using the wireless communication interface; and the control module having a control module wireless interface for wirelessly receiving the parameter information (fig. 1, 10, 50, 57, 45, 55, 65, 70; col. 8, line 3-20, Host 70 receives voice command signals 57 from communication device 50 and processes those signals using a voice recognition module associated with host 70. Host 70 converts the voice command signals into command/data signals 47and communicates signals 47 to manipulator 40. Manipulator 40 responds by causing medical device 10 to perform its desired function; col. 4, line 38-49, Medical device 10 can comprise, for example, a surgical scalpel, a scope, a laser, an imaging device,…; col. 3, line 4-12, a medical device capable of being used in a medical procedure comprises a pump laser capable of generating a pump signal; col. 7, line 15-51, Communications links 45, 55, and 65 may, for example, comprise a twisted-pair copper telephone line, a fiberoptic line, a Digital Subscriber Line (DSL ), a wireless link, a USB bus, a PCI bus, an Ethernet interface, …. ).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly - Abe combination by the light-based medical diagnostic system of Islam for the purpose of capable of reducing medical professional fatigue through the implementation of a control system capable of manipulating a medical device through voice commands (col. 3, line 30-39).
Regarding Claim 12, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, wherein the wearable assembly includes at least a headset worn on the user's head (fig. 1 and fig. 2, --headset; ¶[0011], line 1-14, the optical system and/or the laser unit are operably disposed on a headset apparatus, which is sized, dimensioned, and configured for mounting on the head of a user, as disclosed in Shazly).
Regarding Claim 15, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, wherein the wearable assembly secures a power module for providing power to the laser module to the body of the user (fig. 1, 2; ¶[0094], line 1-9, a power source 2; the power source 2 can take one of many forn1s including but not limited to a power supply box of the operating optical system 9 such as the battery box; a battery providing the required power to drive the laser system; a standalone battery, rechargeable battery, as disclosed in Shazly).
Regarding Claim 16, Shazly - Abe – Islam combination teaches the system as claimed in claim 15, wherein the power module comprises a portable battery for providing the power (fig. 1, 2; ¶[0094], line 1-9, a power source 2; the power source 2 can take one of many forn1s including but not limited to a power supply box of the operating optical system 9 such as the battery box; a battery providing the required power to drive the laser system; a standalone battery, rechargeable battery, as disclosed in Shazly).
Regarding Claim 26, Shazly teaches a method for delivering laser energy to an eye of a patient using a laser indirect ophthalmoscope system patient (abstract; fig. 1; ¶[0076], line 1-8, a laser indirect ophthalmoscope; ¶[0094], line 5-6, a wireless binocular and (/or laser) indirect ophthalmoscope), the method comprising:
a laser module generating and delivering the laser energy (fig. 1, 6, 66); and
a wearable assembly securing the laser module to a body of a user of the laser indirect ophthalmoscope system (fig. 1 and fig. 2, --headset; ¶[0011], line 1-14, the optical system and/or the laser unit are operably disposed on a headset apparatus, which is sized, dimensioned, and configured for mounting on the head of a user);
a control module (fig. 1, 7, 17; fig. 5, 17, 300) in the wearable assembly receiving parameter information via the control module interface and setting parameters for the delivered laser energy based on the parameter information (¶[0098], line 1-12, a laser outlet assembly 7, which directs and controls the size and focus of the treatment laser beam. According to an embodiment, the laser outlet assembly 7 has a number of rheostats or switches to control the intensity and duration of the laser treatment beam pulse(s); ¶[0133], line 20-30, The movements of both lens 78a and 78b are controlled by the processor 300 to direct the optical beam 222 to different positions on the mirror 113; ¶[0096], line 1-13, The different controls for turning the laser on/off, switching from standby to ready mode, controlling the laser pulse power and duration are housed in a compact control unit 17 that can be attached to the side or the back of the optical operating system 9 via mechanical means such as a magnet or Velcro; ¶[0107], line 1-27, compact surgical system 20; An operator, such as a physician, wears the operating optical system 9 to view a target 11 with his/her eye 10; A processor 300 is coupled to the laser diode assembly 6 via the power regulator 3 to control light generation. The processor 300 may be a microprocessor, microcontroller, or any other type of suitable control electronics. Processor 300 controls the visible laser emitting diode 66 (or multiple visible laser emitting diodes 66), of the laser diode assembly 6, via the power regulator 3 to create an optical beam 222; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless; -- timer circuit 4 of control unit 17 has a control module wireless interface for the wirelessly triggering; in order to wireless triggering, both 4 and 5 have wireless interfaces); and
a footswitch having an activation mechanism (fig. 1, 5; fig. 4, 5).
But Shazly does not specifically disclose that wherein the parameter information include a power parameter indicative of user-selected power settings; and a footswitch having an activation mechanism configured to generate activation signals in response to manipulation by a foot of the user.
However, Abe teaches a laser treatment apparatus (abstract; figs. 1-4), wherein the parameter information include a power parameter indicative of user-selected power settings (fig. 1, 1; fig. 4, 30, 4(4a-d); ¶[0017], line 1-4, A control panel 4 is used to set various irradiation conditions such as output power of the treatment beam; ¶[0025], line 1-16, adjusts the light quantity of the lamp 11 with the push or touch of a switch 4a on the control panel 4 and the light quantity of the laser source 32 with a switch 4b on the control panel 4. Further, the operator sets an irradiation time (duration) of the treatment beam with a switch 4c on the control panel 4 and output power of the treatment beam with a knob 4b on the control panel 4); and
a footswitch having an activation mechanism configured to generate activation signals in response to manipulation by a foot of the user (fig. 1, 2; fig. 4, 2, 30; ¶[0017], line 1-4, a footswitch 2 generates a trigger signal for starting irradiation of the treatment beam; ¶[0026], line 1-3, the operator presses the footswitch 2 to emit the treatment beam).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly by the a laser treatment apparatus of Abe for a purpose to provide a laser treatment apparatus which allows easy alignment of a treatment laser beam with a treatment part (¶[0006], line 1-5).
But Shazly - Abe combination does not specifically disclose that wherein a user issuing commands via a mobile computing device; a wireless communication interface transmitting the parameter information to the control module wirelessly using the wireless communication interface; and a control module, including a control module wireless interface, wirelessly receiving parameter information via the control module wireless interface and setting parameters for the delivered laser energy based on the parameter information.
However, Islam teaches a light-based medical diagnostic system (abstract; fig. 1), wherein the mobile computing device (fig. 1, 70; col. 6, line 15-20, Host 70 may comprise, for example, a desktop computer, a laptop computer, a server computer, a personal digital assistant, ….), including a computing device wireless interface (fig. 1, 45, 55, 70/90, 50; col. 7, line 15-51, system 100 also includes communication device 50 that enables a medical professional to communicate with host 70; Communication device 50 may comprise, for example, a telephone, a wireless device…; Communications links 45, 55, and 65 may, for example, comprise a twisted-pair copper telephone line, a fiberoptic line, a Digital Subscriber Line (DSL ), a wireless link, a USB bus, a PCI bus, an Ethernet interface, ….), and
wherein a user issuing commands via a mobile computing device (fig. 1, 50-microphone, 55/57, 70; col. 8, line 3-20, a medical professional can speak voice commands into communication device 50 for communication to host 70);
a wireless communication interface transmitting the parameter information to the control module wirelessly using the wireless communication interface; and a control module, including a control module wireless interface, wirelessly receiving parameter information via the control module wireless interface and setting parameters for the delivered laser energy based on the parameter information (fig. 1, 10, 50, 57, 55, 70; col. 8, line 3-20, Host 70 receives voice command signals 57 from communication device 50 and processes those signals using a voice recognition module associated with host 70. Host 70 converts the voice command signals into command/data signals 47and communicates signals 47 to manipulator 40. Manipulator 40 responds by causing medical device 10 to perform its desired function; col. 4, line 38-49, Medical device 10 can comprise, for example, a surgical scalpel, a scope, a laser, an imaging device,…; col. 3, line 4-12, a medical device capable of being used in a medical procedure comprises a pump laser capable of generating a pump signal; col. 7, line 15-51, Communications links 45, 55, and 65 may, for example, comprise a twisted-pair copper telephone line, a fiberoptic line, a Digital Subscriber Line (DSL ), a wireless link, a USB bus, a PCI bus, an Ethernet interface, ….).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly - Abe combination by the light-based medical diagnostic system of Islam for the purpose of capable of reducing medical professional fatigue through the implementation of a control system capable of manipulating a medical device through voice commands (col. 3, line 30-39).
Regarding Claim 27, Shazly - Abe – Islam combination teaches the method as claimed in claim 26, wherein the wearable assembly includes at least a headset worn on the user's head (fig. 1 and fig. 2, --headset; ¶[0011], line 1-14, the optical system and/or the laser unit are operably disposed on a headset apparatus, which is sized, dimensioned, and configured for mounting on the head of a user, as disclosed in Shazly).
Regarding Claim 30, Shazly - Abe – Islam combination teaches the method as claimed in claim 26, further comprising the wearable assembly securing a power module for providing power to the laser module to the body of the user (fig. 1, 2; ¶[0094], line 1-9, a power source 2; the power source 2 can take one of many forms including but not limited to a power supply box of the operating optical system 9 such as the battery box; a battery providing the required power to drive the laser system; a standalone battery, rechargeable battery, as disclosed in Shazly).
Regarding Claim 31, Shazly - Abe – Islam combination teaches the method as claimed in claim 26, further comprising the power module providing power via a portable battery (fig. 1, 2; ¶[0094], line 1-9, a power source 2; the power source 2 can take one of many forn1s including but not limited to a power supply box of the operating optical system 9 such as the battery box; a battery providing the required power to drive the laser system; a standalone battery, rechargeable battery, as disclosed in Shazly).
Regarding Claim 35, Shazly - Abe – Islam combination teaches that the system as claimed in claim 11, further comprising a voice control process executing on the mobile computing device (fig. 1, 50- a microphone; col. 8, line 3-20, a medical professional can speak voice commands into communication device 50 for communication to host 70, as disclosed in Islam) for processing audio data captured by the mobile computing device and generating the parameter information based on the captured audio data by recognizing spoken language in the captured audio data (fig. 1, 10, 50, 57, 55, 70; col. 8, line 3-20, Host 70 receives voice command signals 57 from communication device 50 and processes those signals using a voice recognition module associated with host 70. Host 70 converts the voice command signals into command/data signals 47and communicates signals 47 to manipulator 40. Manipulator 40 responds by causing medical device 10 to perform its desired function; col. 4, line 38-49, Medical device 10 can comprise, for example, a surgical scalpel, a scope, a laser, an imaging device,…; col. 3, line 4-12, a medical device capable of being used in a medical procedure comprises a pump laser capable of generating a pump signal, as disclosed in Islam).
Regarding Claim 36, Shazly - Abe – Islam combination teaches that the system as claimed in claim 35, wherein the mobile computing device captures the audio data in response to detecting a predetermined wake word (fig. 1, 100, 70, 50, 55; col. 4, line 26-38, system 100 may be capable of receiving voice commands associated with the manipulation of medical device 10 from a medical professional, such as a nurse, a medical assistant, a medical technician, and/or a doctor. In some cases, system 100 is capable of assisting a medical professional during a medical procedure by processing data signals associated with one or more voice commands and manipulating medical device 10 in response to those commands, as disclosed in Islam).
Regarding Claim 37, Shazly - Abe – Islam combination teaches that the system as claimed in claim 35, wherein the mobile computing device provides audible feedback confirming the parameter information (fig. 4, 590, 520-585-590/594, 514-590, as disclosed in Islam).
Regarding Claim 38, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, wherein the mobile computing device generates the parameter information based on input received from the user via a graphical user interface rendered on a touchscreen display of the mobile computing device (fig. 1, 10, 50, 57, 55, 70; col. 8, line 3-20, a medical professional can speak voice commands into communication device 50 for communication to host 70; Host 70 receives voice command signals 57 from communication device 50 and processes those signals using a voice recognition module associated with host 70. Host 70 converts the voice command signals into command/data signals 47and communicates signals 47 to manipulator 40. Manipulator 40 responds by causing medical device 10 to perform its desired function; col. 6, line 10-20, host 70 may include a graphical user interface (GUI); Host 70 may comprise, for example, a desktop computer, a laptop computer (--having touchscreen), a server computer, a personal digital assistant …, as disclosed in Islam).
Regarding Claim 39, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, wherein the mobile computing device generates the parameter information based on input received via one or more peripheral devices (fig. 2, 155, 180, 165, 250, as disclosed in Islam).
Regarding Claim 40, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, further comprising an activation unit for sending activation signals for emitting the laser energy to the control module in response to engagement of an activation mechanism of the activation unit (figs. 4-5; 5; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly).
Regarding Claim 41, Shazly - Abe – Islam combination teaches the system as claimed in claim 40, wherein the activation unit is a footswitch, and the activation mechanism includes compression of the footswitch (figs. 4-5; 5; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly; fig. 1, 2; fig. 4, 2, 30; ¶[0017], line 1-4, a footswitch 2 generates a trigger signal for starting irradiation of the treatment beam; ¶[0026], line 1-3, the operator presses the footswitch 2 to emit the treatment beam, as disclosed in Abe).
Regarding Claim 42, Shazly - Abe – Islam combination teaches the system as claimed in claim 41, wherein the activation unit includes a battery and a wired interface to the wearable assembly through which power from the battery is delivered to the control module (figs. 4-5; 5; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless; ---5 has wire connection to 4 and/or 300 which include a batteries; for wireless switch, which include a battery, as disclosed in Shazly).
Regarding Claim 44, Shazly - Abe – Islam combination teaches that the method as claimed in claim 26, further comprising generating the parameter information by recognizing spoken language in audio data captured by the mobile computing device (fig. 1, 10, 50, 57, 55, 70; col. 8, line 3-20, a medical professional can speak voice commands into communication device 50 for communication to host 70; Host 70 receives voice command signals 57 from communication device 50 and processes those signals using a voice recognition module associated with host 70. Host 70 converts the voice command signals into command/data signals 47and communicates signals 47 to manipulator 40. Manipulator 40 responds by causing medical device 10 to perform its desired function, as disclosed in Islam).
Regarding Claim 45, Shazly - Abe – Islam combination teaches that the method as claimed in claim 44, further comprising providing audible feedback confirming the parameter information (fig. 4, 590, 520-585-590/594, 514-590, as disclosed in Islam).
Regarding Claim 46, Shazly - Abe – Islam combination teaches the method as claimed in claim 26, further comprising generating the parameter information based on input received via a graphical user interface rendered on a touchscreen display of a mobile computing device (fig. 2, 165; col. 8, line 39-45, First auxiliary input device 165 may comprise, for example, a joystick, a computer mouse, a rollerball, knobs, levers, buttons, touchpads, touchscreens, or any other appropriate control device capable of being used to control manipulator 240, as disclosed in Islam).
Regarding Claim 47, Shazly - Abe – Islam combination teaches the method as claimed in claim 26, further comprising an activation unit sending activation signals for emitting the laser energy to the control module in response to engagement of an activation mechanism of the activation unit (figs. 4-5; 5; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly).
Regarding Claim 48, Shazly - Abe – Islam combination teaches the method as claimed in claim 47, wherein the activation unit is a footswitch, and the activation mechanism includes compression of the footswitch (figs. 4-5; 5; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly).
Regarding Claim 49, Shazly - Abe – Islam combination teaches the method as claimed in claim 48, wherein the activation unit includes a battery and a wired interface to the wearable assembly through which power from the battery is delivered to the control module (figs. 4-5; 5; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless; ---5 has wire connection to 4 and/or 300 which include a batteries; for wireless switch, which include a battery, as disclosed in Shazly).
Regarding Claim 51, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, further comprising an electronic memory device storing instructions for a footswitch control process (fig. 5, 300, 5; ¶[0107], line 1-20, The processor 300 may be a microprocessor, microcontroller, or any other type of suitable control electronics; --- microprocessor comprising RAM and/or ROM, as disclosed in Shazly);
the footswitch control process being configured to relay the generated activation signals to the control module (fig. 1, 2; fig. 4, 2, 30; ¶[0017], line 1-4, a footswitch 2 generates a trigger signal for starting irradiation of the treatment beam; ¶[0026], line 1-3, the operator presses the footswitch 2 to emit the treatment beam, as disclosed in Abe).
Regarding Claim 52, Shazly - Abe – Islam combination teaches the system as claimed in claim 51, wherein the footswitch control process is configured to relay the generated activation signals to the control module using the wireless communication interface (figs. 5; 4, 5, 17, 300; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly).
Regarding Claim 57, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, wherein the wearable assembly comprises a headset, the headset comprising the laser module and a battery (fig. 1, headset, 2, 6, as disclosed in Shazly).
Regarding Claim 58, Shazly - Abe – Islam combination teaches the system as claimed in claim 57, comprising an illumination unit for providing white light and wherein the battery provides power to the laser module and to the illumination unit for providing white light (fig. 2, 11-lamp; ¶[0021], line 1-4, there are arranged a lamp 11 which is an illumination light source, as disclosed in Abe, --the lamp 11 providing white light; fig. 4, 2, 6a, 6b; ¶[0010], line 1-12, using an illuminating light source, an aiming light beam and a treatment laser beam in conjunction with optical components; ¶[0103], line 1-11, to drive the laser diode assembly 6a to emit a continuous low energy visible aiming light beam in, for example, the green range 520 nm, or to drive the laser diode assembly 6b to emit a continuous low energy visible aiming light beam in, for example, the red wavelength range 600-700 nm; as disclosed in Shazly, ---the visible aiming light can be about a white light).
Regarding Claim 59, Shazly - Abe – Islam combination teaches the system as claimed in claim 57, wherein the battery is an interchangeable battery (fig. 1, 2; ¶[0094], line 1-9, a power source 2; the power source 2 can take one of many forn1s including but not limited to a power supply box of the operating optical system 9 such as the battery box; a battery providing the required power to drive the laser system; a standalone battery, rechargeable battery, as disclosed in Shazly).
Regarding Claim 60, Shazly - Abe – Islam combination teaches the system as claimed in claim 59, comprising a plurality of interchangeable batteries and a charging device, the charging device being configured to provide power to be stored by the interchangeable batteries, the interchangeable batteries comprising battery connectors configured to facilitate connecting the batteries to and disconnecting the batteries from battery connection interfaces of the wearable assembly and / or of the charging device (fig. 1, 2; ¶[0094], line 1-9, a power source 2; the power source 2 can take one of many forn1s including but not limited to a power supply box of the operating optical system 9 such as the battery box; a battery providing the required power to drive the laser system; a standalone battery, rechargeable battery, as disclosed in Shazly).
Regarding Claim 61, Shazly - Abe – Islam combination teaches the system as claimed in claim 57, wherein the footswitch includes a wireless interface and an antenna through which the activation signals are sent by the footswitch to the control module (figs. 5; 4, 5, 17, 300; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly; fig. 1, 2; fig. 4, 2, 30; ¶[0017], line 1-4, a footswitch 2 generates a trigger signal for starting irradiation of the treatment beam; ¶[0026], line 1-3, the operator presses the footswitch 2 to emit the treatment beam, as disclosed in Abe).
Regarding Claim 62, Shazly - Abe – Islam combination teaches the system as claimed in claim 61, comprising an illumination unit for providing white light and wherein the battery provides power to the laser module and to the illumination unit for providing white light (fig. 2, 11-lamp; ¶[0021], line 1-4, there are arranged a lamp 11 which is an illumination light source, as disclosed in Abe, --the lamp 11 providing white light; fig. 4, 2, 6a, 6b; ¶[0010], line 1-12, using an illuminating light source, an aiming light beam and a treatment laser beam in conjunction with optical components; ¶[0103], line 1-11, to drive the laser diode assembly 6a to emit a continuous low energy visible aiming light beam in, for example, the green range 520 nm, or to drive the laser diode assembly 6b to emit a continuous low energy visible aiming light beam in, for example, the red wavelength range 600-700 nm; as disclosed in Shazly, ---the visible aiming light can be about a white light).
Regarding Claim 64, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, comprising a graphical user interface displaying changed parameters, including the power parameter (¶[0115], line 1-6, control unit 17; a remote control panel and/or other user interface, such as graphical user interface (GUI), as disclosed in Shazly; fig. 4, 4(4a-d), as disclosed in Abe).
Regarding Claim 65, Shazly - Abe – Islam combination teaches the system as claimed in claim 11, wherein the control module comprises a central processing unit (CPU) configured to execute an interrupt protocol that prioritizes and escalates the generated activation signals received from the footswitch over routine wireless parameter transmission between the wireless communication interface and the control module (fig. 4, 2, 30; ¶[0017], line 1-4, a footswitch 2 generates a trigger signal for starting irradiation of the treatment beam; ¶[0026], line 1-3, the operator presses the footswitch 2 to emit the treatment beam, as disclosed in Abe; figs. 5; 4, 5, 17, 300; ¶[0095], line 15-20, The timer circuit 4 is activated by triggering a laser switch 5, such as a hand or foot switch trigger which can either be wired or wireless, as disclosed in Shazly).
Claims 13 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Shazly et al (US 20150366713) in views of Abe (US 20050080467) and Islam (US 8848282), further in a view of Dirghangi et al (US 20180220889).
Regarding Claim 13, Shazly - Abe – Islam combination discloses as set forth above but does not specifically disclose that the system as claimed in claim 11, wherein the wearable assembly includes at least a utility belt worn around the user's waist.
However, Dirghangi teaches an imaging device of indirect ophthalmoscopes (abstract), wherein the wearable assembly includes at least a utility belt worn around the user's waist (¶[0050], line 1-17, the battery may be mounted externally on the user, such as at the waist (for example on a belt), with a wired attachment to the main instrument-mounted device).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly - Abe – Islam combination by the imaging device of Dirghangi for the purpose for improved practice efficiencies by the simultaneous dual use of BIO instruments for both examination and enhanced clinical imaging purposes (¶[0009], line 1-11).
Regarding Claim 28, Shazly - Abe – Islam combination discloses as set forth above but does not specifically disclose that the method as claimed in claim 26, wherein the wearable assembly includes at least a utility belt worn around the user's waist.
However, Dirghangi teaches an imaging device of indirect ophthalmoscopes (abstract), wherein the wearable assembly includes at least a utility belt worn around the user's waist (¶[0050], line 1-17, the battery may be mounted externally on the user, such as at the waist (for example on a belt), with a wired attachment to the main instrument-mounted device).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly - Abe – Islam combination by the imaging device of Dirghangi for the purpose for improved practice efficiencies by the simultaneous dual use of BIO instruments for both examination and enhanced clinical imaging purposes (¶[0009], line 1-11).
Claim 66 is rejected under 35 U.S.C. 103 as being unpatentable over Shazly et al (US 20150366713) in views of Abe (US 20050080467) and Islam (US 8848282), further in a view of Fletcher et al (US 20190117064).
Regarding Claim 66, Shazly - Abe – Islam combination discloses as set forth above but does not specifically disclose that the system as claimed in claim 11, wherein the wireless communication interface is configured to transmit the parameter information to the control module wireless interface utilizing a Bluetooth Low Energy (BLE) wireless communication protocol.
However, Fletcher teaches a portable retinal imaging device (abstract; figs. 1-2), wherein the wireless communication interface is configured to transmit the parameter information to the control module wireless interface utilizing a Bluetooth Low Energy (BLE) wireless communication protocol (¶[0076], line 1-20, for receiving control signals from a control processor (from the ocular device coupled to the mobile device, or from the mobile device itself) either through a wired connection (when the fixation screen is attached) or through an RF protocol ( such as, but not limited to, ZigBee, Bluetooth, or Bluetooth Low Energy; ¶[0138], line 1-5, communicates with the electronic hardware via Bluetooth low energy (BLE)).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shazly - Abe – Islam combination by the imaging device of Fletcher for a purpose of an imaging device that is capable of capturing high-quality fundus images (¶[0006], line 1-5).
Allowable Subject Matter
Claims 53-56 and 63 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 an examiner’s statement of reasons for the allowable subject matter: The prior art taken singularly or in combination fails to anticipate or fairly suggest the limitations of the claims, in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper.
In regard to claims 53-54 and 63, the prior art taken either singly or in combination fails to anticipate or fairly suggest A laser indirect ophthalmoscope system further comprising:
wherein further comprising the footswitch control process being configured to provide one or more safety features pertaining to the use of the activation unit, including preventing delivery of laser energy in a situation in which an activation status of the activation unit is unknown or inaccessible;
wherein further comprising the footswitch control process being configured to monitor a wired and/ or wireless communication link between the activation unit and the control module; and
wherein the laser module, the control module, and a power module are physically distributed across a headband of the headset to provide static weight balancing of the headset on the head of the user.
Claims 55-56 are objected to as being dependent upon claim 54.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Stephone Allen can be reached on (571) 272 2434. The Fax number for the organization where this application is assigned is (571) 273 8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published application may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Services Representative or access to the automated information system, call 800-786-9199(In USA or Canada) or 571-272-1000.
/JIE LEI/Primary Examiner, Art Unit 2872
Prosecution Insights