DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 23 April 2026 has been entered.
Status of Claims
3. Claims 43-52 are pending, of which claims 43-44, 46-47, and 49 have been amended; claims 51-52 have been added; claims 1-42 have been cancelled; and claims 43-52 are under consideration for patentability.
Response to Arguments
4. Applicant’s arguments dated 23 April 2026, referred to herein as “the Arguments”, have been fully considered, but they are not persuasive in view of the new grounds of rejection necessitated by Applicant’s amendments to the claims.
The Examiner has addressed the amended limitations within the updated text below.
Claim Rejections - 35 USC § 103
5. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
6. Claim 43-52 are rejected under 35 U.S.C. 103 as being unpatentable over Falkenstein et al. (US 2018/0092693 A1) in view of Cannon et al. (US 2018/0109066 A1).
Regarding claim 43, Falkenstein teaches a laser system for treating calculi in a living body (the laser system 100 is configured to treat calculi (e.g., stones) in the subject’s body [abstract, 0023]), comprising:
a diode-pumped thulium fiber laser configured to emit pulsed laser energy within a wavelength (the laser system 100 comprises a lasing medium 22 which includes a Thulium (Tm) fiber laser [0007, 0023-0024]. Specifically, the optical pump 24 is configured to optically excite the lasing medium 22 (e.g., Thulium fiber laser) to produce a laser pulse at various wavelengths [0007, 0023-0025]);
a controller configured to control the laser such that the pulsed laser energy is emitted as a sequence of pulses separated in time by a rest period (the controller 50 is configured to control the laser system 100 to deliver multiple pulses that are spaced apart [abstract, 0006-0007, 0027]).
Falkenstein does not explicitly teach the wavelength range to be between 1.908 to 1.96 microns.
However, Falkenstein teaches that the laser system may be controlled to emit the laser pulses at various wavelengths ([0025, 0027]). Thus, a person having ordinary skill in the art would have found it obvious to modify the pulsed energy to be within a wavelength range of 1.908 to 1.96 microns. The advantage of such modification may improve the treatment of a calculi (e.g., stone) within the subject’s body ([0023, 0025, 0027]). The Examiner further submits that the skilled artisan could arrive at the claimed wavelength range via routine experimentation (MPEP 2144.05).
Falkenstein does not explicitly teach wherein the pulsed laser energy is emitted as a sequence of sub-pulse groups separated in time by the rest period, each sub-pulse group includes at least three sub-pulses separated in time by a variable sub-pulse interval, and the final sub-pulse of the sub-pulse group has an energy that is greater than an energy of the first sub-pulse of the sub-pulse group.
The prior art by Cannon is analogous to Falkenstein, as they both teach the use of a medical laser system ([0010]).
Cannon teaches wherein the pulsed laser energy is emitted as a sequence of sub-pulse groups separated in time by the rest period (the time delay between the consecutive trains or groups of sub-pulses is selected by the user [0029, 0034]), wherein each sub-pulse group includes at least three sub-pulses (the user may utilize graphic user interface (GUI) to select a desired number (e.g., one or more) of microsecond scale laser sub-pulses which form a train of sub-pulses [abstract, 0029, 0032, 0034]), wherein the three sub-pulses of each sub-pulse group are separated in time by a variable sub-pulse interval (a time delay or off time between each sub-pulse of the sub-pulse train is selected by the user [0026, 0029, 0034]. Furthermore, the time delay between consecutive trains or groups of sub-pulses may also be selected by the user [0029, 0034]), and the final sub-pulse has an energy that is greater than an energy of the first sub-pulse (the user may interact with GUI to select a desired energy level for each sub-pulse of the sub-pulse train or group [0026, 0029, 0034]. This allows the user to select the final sub-pulse to have a greater energy level than the first sub-pulse [0026, 0029, 0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Falkenstein’s pulsed laser energy to be emitted as a sequence of sub-pulse groups having three sub-pulses that are separated in time by a variable sub-pulse interval and the final sub-pulse having an energy that is greater than the energy of the first sub-pulse, as suggested by Cannon. This modification is beneficial, as providing sub-pulses with different energy levels may enhance the laser treatment (see the [abstract] and paragraphs [0026, 0029, 0034]).
Regarding claim 44, Falkenstein in view of Cannon suggests the laser system of claim 43. Cannon teaches wherein energy of the final sub-pulse is at least four times greater than the energy of the first sub-pulse (the user may interact with GUI to select a desired energy level for each sub-pulse of the sub-pulse train or group [0026, 0029, 0034]. This allows the user to select the final sub-pulse to have an energy level that is four times greater than the energy of first sub-pulse [0026, 0029, 0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the laser system suggested by Falkenstein in view of Cannon to provide a final sub-pulse having an energy that is four times greater than the energy of the first sub-pulse, as suggested by Cannon. This modification is beneficial, as providing sub-pulses with different energy levels may enhance the laser treatment (see the [abstract] and paragraphs [0026, 0029, 0034]).
Regarding claim 45, Falkenstein in view of Cannon suggests the laser system of claim 43. Cannon teaches wherein the energy of the second sub-pulse is at least two times greater than the energy of the first sub-pulse (the user may interact with GUI to select a desired energy level for each sub-pulse of the sub-pulse train or group [0026, 0029, 0034]. This allows the user to select the second sub-pulse to have an energy level that is two times greater than the energy of first sub-pulse [0026, 0029, 0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the laser system suggested by Falkenstein in view of Cannon to provide a second sub-pulse having an energy that is two times greater than the energy of the first sub-pulse, as suggested by Cannon. This modification is beneficial, as providing sub-pulses with different energy levels may enhance the laser treatment (see the [abstract] and paragraphs [0026, 0029, 0034]).
Regarding claim 46, Falkenstein teaches a laser system for treating calculi in a living body (the laser system 100 is configured to treat calculi (e.g., stones) in the subject’s body [abstract, 0023]), comprising:
a diode-pumped thulium fiber laser configured to emit pulsed laser energy within a wavelength (the laser system 100 comprises a lasing medium 22 which includes a Thulium (Tm) fiber laser [0007, 0023-0024]. Specifically, the optical pump 24 is configured to optically excite the lasing medium 22 (e.g., Thulium fiber laser) to produce a laser pulse at various wavelengths [0007, 0023-0025]);
a controller configured to control the laser such that the pulsed laser energy is emitted as a sequence of pulses separated in time by a rest period (the controller 50 is configured to control the laser system 100 to deliver multiple pulses that are spaced apart [abstract, 0006-0007, 0027]).
Falkenstein does not explicitly teach the wavelength range to be between 1.908 to 1.96 microns.
However, Falkenstein teaches that the laser system may be controlled to emit the laser pulses at various wavelengths ([0025, 0027]). Thus, a person having ordinary skill in the art would have found it obvious to modify the pulsed energy to be within a wavelength range of 1.908 to 1.96 microns. The advantage of such modification may improve the treatment of a calculi (e.g., stone) within the subject’s body ([0023, 0025, 0027]). The Examiner further submits that the skilled artisan could arrive at the claimed wavelength range via routine experimentation (MPEP 2144.05).
Falkenstein does not explicitly teach wherein the pulsed laser energy is emitted as a sequence of sub-pulse groups separated in time by the rest period, each sub-pulse group includes at least three sub-pulses separated in time by a variable sub-pulse interval, and the final sub-pulse has a power that is greater than a power of the first sub-pulse of the sub-pulse group.
The prior art by Cannon is analogous to Falkenstein, as they both teach the use of a medical laser system ([0010]).
Cannon teaches wherein the pulsed laser energy is emitted as a sequence of sub-pulse groups separated in time by the rest period (the time delay between the consecutive trains or groups of sub-pulses is selected by the user [0029, 0034]), wherein each sub-pulse group includes at least three sub-pulses (the user may utilize graphic user interface (GUI) to select a desired number (e.g., one or more) of microsecond scale laser sub-pulses which form a train of sub-pulses [abstract, 0029, 0032, 0034]), wherein the three sub-pulses of each sub-pulse group are separated in time by a variable sub-pulse interval (a time delay or off time between each sub-pulse of the sub-pulse train is selected by the user [0026, 0029, 0034]. Furthermore, the time delay between consecutive trains or groups of sub-pulses may also be selected by the user [0029, 0034]), and the final sub-pulse has a power that is greater than an energy of the first sub-pulse (the user may interact with GUI to select a desired energy or power level for each sub-pulse of the sub-pulse train or group [abstract, 0026, 0029, 0034]. This allows the user to select the final sub-pulse to have a greater energy or power level than the first sub-pulse [0026, 0029, 0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Falkenstein’s pulsed laser energy to be emitted as a sequence of sub-pulse groups having three sub-pulses that are separated in time by a variable sub-pulse interval and the final sub-pulse having a power that is greater than the power of the first sub-pulse, as suggested by Cannon. This modification is beneficial, as providing sub-pulses with different energy or power levels may enhance the laser treatment (see the [abstract] and paragraphs [0026, 0029, 0034]).
Regarding claim 47, Falkenstein in view of Cannon suggests the laser system of claim 46. Cannon teaches wherein the power of the final sub-pulse is at least four times greater than the power of the first sub-pulse (the user may interact with GUI to select a desired energy or power level for each sub-pulse of the sub-pulse train or group [abstract, 0026, 0029, 0034]. This allows the user to select the final sub-pulse to have an energy or power level that is four times greater than the power of the first sub-pulse [0026, 0029, 0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the laser system suggested by Falkenstein in view of Cannon to provide a final sub-pulse having a power level that is four times greater than the power level of the first sub-pulse, as suggested by Cannon. This modification is beneficial, as providing sub-pulses with different power levels may enhance the laser treatment (see the [abstract] and paragraphs [0026, 0029, 0034]).
Regarding claim 48, Falkenstein in view of Cannon suggests the laser system of claim 46. Cannon teaches wherein the power of the second sub-pulse is at least two times greater than the power of the first sub-pulse (the user may interact with GUI to select a desired energy or power level for each sub-pulse of the sub-pulse train or group [abstract, 0026, 0029, 0034]. This allows the user to select the second sub-pulse to have an energy or power level that is two times greater than the power of the first sub-pulse [0026, 0029, 0034]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the laser system suggested by Falkenstein in view of Cannon to provide a second sub-pulse having a power level that is two times greater than the power level of the first sub-pulse, as suggested by Cannon. This modification is beneficial, as providing sub-pulses with different power levels may enhance the laser treatment (see the [abstract] and paragraphs [0026, 0029, 0034]).
Regarding claim 49, Falkenstein teaches a power source connected to the TFL (the power supply 30 is coupled to the optical pump 24 which optically excites the lasing medium 22 (e.g., Thulium fiber laser) to produce a laser pulse at various wavelengths [0007, 0023-0025]) and to provide a variable power delivery in response to the receipt of a control signal from the controller (the power supply 30 may adjust the delivery parameters of the pulses in response to the receipt of a control signal from the controller 50 [0027]).
Regarding claim 50, Falkenstein teaches a fiber guiding the laser pulses to the calculi (the laser system 100 comprises a flexible optical fiber 12 which delivers the laser pulses to the calculi (e.g., stone) [0023]).
Regarding claim 51, Falkenstein teaches a power source connected to the TFL (the power supply 30 is coupled to the optical pump 24 which optically excites the lasing medium 22 (e.g., Thulium fiber laser) to produce a laser pulse at various wavelengths [0007, 0023-0025]) and to provide a variable power delivery in response to the receipt of a control signal from the controller (the power supply 30 may adjust the delivery parameters of the pulses in response to the receipt of a control signal from the controller 50 [0027]).
Regarding claim 52, Falkenstein teaches a power source connected to the TFL (the power supply 30 is coupled to the optical pump 24 which optically excites the lasing medium 22 (e.g., Thulium fiber laser) to produce a laser pulse at various wavelengths [0007, 0023-0025]) and to provide a variable power delivery in response to the receipt of a control signal from the controller (the power supply 30 may adjust the delivery parameters of the pulses in response to the receipt of a control signal from the controller 50 [0027]).
Statement on Communication via Internet
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Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA BRENDON SOLOMON whose telephone number is (571)270-7208. The examiner can normally be reached on 7:30am -4:30pm.
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/JOSHUA BRENDON SOLOMON/Examiner, Art Unit 3792
Prosecution Insights