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 .
Election/Restrictions
1. Claims 3, 11, 20, and 28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected subject matter, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/14/2025.
Applicant’s election without traverse of claims 1, 2, 4-10, 12-19, 21-27 in the reply filed on 02/14/2025 is acknowledged.
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.
2. Claims 1, 2, 4-10, 12-19, 21-27 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claims 1, 4, 13, 18 and 21, the term “respective” is unclear. For example, looking at claim 1, it is cited that there is a respective rotation path and a respective interface; however, it is unclear what this path/interface is respective to. There is no definition of what these claimed elements are respective to/interfacing what. Clarification is needed.
In regards to claims 1, 4, 18, and 21, “the rotation path” is claimed. However, it is unclear of this is the respective rotation path (as previously claimed) or if this is a new rotation path. For examination purposes, the Examiner is interpreting this to be the same respective rotation path as previously cited.
In regards to Claim 18, “the interfaces” and “the individual laser pulses” lack antecedent basis since they have yet to be claimed.
Claims 2, 5-10, 12, 14-19, and 22-27 are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 102The 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claim(s) 1, 2, 4-10, 12-19, 21-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Titiyal (NPL; Small incision lenticule extraction (SMILE) techniques: patient selection and perspectives).
In regards to claim 1, 4, 7-10, 18, 21, and 24-27, Titiyal teaches a method for controlling an eye surgical laser for the separation of a volume body with a predefined posterior interface and a predefined anterior interface from a human or animal cornea (Abstract), the method comprising:
controlling the laser by means of a control device such that is emits pulsed laser pulses in a shot sequence into the cornea, wherein the predefined posterior and anterior interfaces are generated by means of an interaction of the individual laser pulses with the cornea by the generation of a plurality of cavitation bubbles along a respective rotation path, wherein a respective interface is divided at least into an inner annulus and an outer annulus, and wherein the cavitation bubbles are generated along the rotation path from an inner boundary of the outer annulus, which faces an outer boundary of the inner annulus, to an outer boundary of the outer annulus, wherein the outer annulus encompasses the inner annulus (Fig 1 and 2 show there being a lenticule cut being made using an inside-out method (i.e. starting at the inner boundry of the outer annulus and moving towards the outer boundary of the outer annulus) wherein there is an inner and outer annulus formed. Titiyal also teaches that there are bubbles formed from the laser pulses).
In regards to claims 2 and 19, Titiyal discloes the method according to claim 1, wherein cavitation bubbles are not generated in the inner annulus (Fig 2).
In regards to claims 5 and 22, Titiyal discloses the method according to claim 1, wherein a repetition rate for emitting the laser pulses is changed for increasing the distance and/or a rotational speed of a deflection device for the laser of the treatment apparatus is changed for increasing the distance (See the section titled Machine and laser settings)
In regards to claims 6 and 23, Titiyal discloses the method according to claim 1, wherein an inner boundary of the inner annulus is selected with a radius greater than zero (Fig 2 shows the radius is greater than 0).
In regards to claim 12, Titiyal discloses the method according to claim 1, wherein the control of the laser is effected such that topographic and/or pachymetric and/or morphologic data of the cornea is taken into account (Patient selection for SMILE teaches that topography is taken into account)
In regards to claim 13, Titiyal discloses the method according to claim 1, wherein the control of the laser is effected such that the laser emits laser pulses in a wavelength range between 300 nm and 1400 nm, at a respective pulse duration between 1 fs and 1 ns, and a repetition frequency of greater than 10 kHz (See the section titled Machine and laser settings).
In regards to claims 14-16 and 27, Titiyal discloses a treatment apparatus with at least one surgical laser for the separation of a volume body with predefined interfaces of a human or animal eye and with at least one control device, which is formed for controlling the laser according to claim 1; also having a computer aspect (Abstract and Machine and Laser setting; see also Claim 1 rejection).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2010/136050 to Kittleman (Fig. 3-4) discloses a similar lenticular cut pattern starting from the center of the eye and working outwards in a spiral pattern.
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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796