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 10/4/2024.
In view of the Appeal Brief filed on 10/4/2024, PROSECUTION IS HEREBY REOPENED. A non-final Office action is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/THOMAS K PHAM/ Supervisory Patent Examiner, Art Unit 2872
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 and 44-49 are rejected under 35 U.S.C. 103 as being unpatentable over Shazly et al (US 20150366713) 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 for wirelessly receiving the parameter information (figs. 5; 4, 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 mobile device (fig. 1. 16, 17; ¶[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; --- 17 is connected via a transmission 16, which is attachable/movable) including a device wireless interface (figs. 4-5; 4-- has wireless interfaces), the mobile device receiving user control from the user (fig. 4-5, 5-- hand or foot switch trigger) and generating the parameter information and transmitting the parameter information to the control module wirelessly using the device wireless interface (fig. 5, 17, 300, 4; also see above, citations of ¶[0133], line 20-30, ¶[0096], line 1-13 and ¶[0107], line 1-27).
But Shazly does not specifically disclose that wherein a mobile computing device including a computing device wireless interface.
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, ….);
the mobile computing device (fig. 1, 70) receiving user control from the user (fig. 1, 50-microphone; col. 8, line 3-20, a medical professional can speak voice commands into communication device 50 for communication to host 70) and generating the parameter information and transmitting the parameter information to the control module wirelessly using the computing device wireless interface (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).
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 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 – 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 – 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 – 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), including a control module wireless interface, in the wearable assembly wirelessly receiving parameter information via the control module wireless 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 mobile device (fig. 1. 16, 17; ¶[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; --- 17 is connected via a transmission 16, which is attachable/movable) including a wireless interface (fig. 4-5, 4, 5) and generating the parameter information based on the commands (fig. 5, 17, 300, 4; also see above, citations of ¶[0133], line 20-30, ¶[0096], line 1-13 and ¶[0107], line 1-27), and wirelessly transmitting the parameter information to the control module (fig. 4-5, 17, 4) wirelessly using the device wireless interface (figs. 4-5; 4, 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; -- laser switch 5 has a wireless interface for the wirelessly triggering);
a user issuing commands via a mobile device (fig. 4-5, 17, 4, 5-- hand or foot switch trigger);
But Shazly does not specifically disclose that wherein a user issuing commands via a mobile computing device; and the mobile computing device, including a computing device wireless interface.
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);
generating the parameter information based on the commands and wirelessly transmitting the parameter information to the control module using the computing device wireless interface (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).
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 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 – 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 – 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 – 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 – 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 – 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 – 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 – 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 – 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 – 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 – 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).
Regarding Claim 42, Shazly – 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 – 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 – 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 – 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 – 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 – 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 – 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).
Claims 13 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Shazly et al (US 20150366713) in a view of Islam (US 8848282), further in a view of Dirghangi et al (US 20180220889).
Regarding Claim 13, Shazly– 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 – 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 – 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 – 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).
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
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, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872