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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/08/20255 has been entered.
Response to Amendment
Examiner acknowledges amended claims 1, 4-8 and 10 as well as cancelation of claim 9.
Response to Arguments
Applicant's arguments filed 04/22/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument on page 2 “Gillet's "period" is a flash lamp duration or a burst duration (1 ms), but NOT the 10 ns individual pulse width". Although the Applicant might be correct that the “period” in Guillet is 1ms instead of 1ns, claim 1 from 10/08/2025 does not specify the range only the “one period of time energy”. So, Guillet teaches the “one period of time”.
Regarding Applicant’s argument on page 2 “In contrast, claim 1 is amended to recite that "one period of light energy ranges from 200 ms to 350 ms, This is fundamentally different from Gillet's”. The Examiner have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding applicant’s argument on page 3 “Gillet Does NOT Disclose "Controlling ... at a Certain Interval… This requires "active control of Q-switching timing", "controlling Q-switching to be performed", ". The Examiner disagree with the Applicant because: a) annotated Figs. 3-4 shows the interval where 1st and 2nd Q-switching are performed b) In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., active control) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding applicant’s argument on page 3 Gillet Does NOT Disclose "Oscillated Accordingly"… accordingly relationship between control and generation”. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., accordingly relationship between control and generation) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding applicant’s argument on page 3 “Gillet Does NOT Disclose "Excited Electrons Used for Oscillation of the Second Laser Pulse" …. In the claimed invention, multiple Q-switching operations use continuously excited electrons”. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., continuously excited electrons) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding Applicant’s argument “Tankovich does NOT teach "controlling at a certain interval", "oscillated accordingly", "excited electrons used for oscillation of the second laser pulse", "multiple Q-switching operations in single period", and "without causing damage."”. The Examiner disagrees with the Applicant because a) Tankovich does not need to teach the features that are already taught by Guillet such as "controlling at a certain interval", "oscillated accordingly", "excited electrons used for oscillation of the second laser pulse", "multiple Q-switching operations in single period". Tankovich skin treatment without causing damage, see abstract and rejection below.
Regarding Applicant’s argument “Tankovich's System Architecture is Fundamentally Different”. The Examiner disagree with the Applicant because Tankovich does not have to teach all the features that Guillet already teaches.
Regarding Applicant’s argument “Tankovich Does NOT Remedy Gillet's Deficiencies”. The Examiner disagree with the Applicant because Guillet teaches "controlling at a certain interval", "excited electrons used for oscillation of the second laser pulse", "oscillated accordingly" as discussed above. “without damage” is taught by Tankovich.
Regarding Applicant’s argument “No Motivation to Combine”.
Regarding’s applicant’s argument “no reasonable motivation exists without improper hindsight reconstruction”. Tankovich see abstract states “. The system is designed to utilize the first laser beam for heating a volume of skin tissue….to a temperature to produce skin tissue modification but below skin tissue damage threshold.”. Therefore there is not hindsight reconstruction.
Regarding’s applicant’s argument “Even if Gillet and Tankovich were combined…the combination would still fail to disclose or suggest "controlling at a certain interval," "oscillation accordingly," "excited electrons used for oscillation of the second laser pulse," or "without causing damage."”. As discussed above, Tankovich "without causing damage." while Guillet teaches the other terms. Tankovich does not need to teach the terms that Guillet already taught.
Drawings
Previous objection has been withdrawn.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, first peak power, second peak power, third peak, fourth peak power, fifth peak power, sixth peak power, and seventh peak power (Note Fig. 3 the Q-switching pulses and the laser pulse outputs does not have labels in both x and y axis; so it is not clear what has been plot) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Previous rejection has been withdrawn.
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, 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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. as being unpatentable over Gillet (Foreign Patent FR-2713836-A1) in the view of Ryu (Foreign Patent WO-2017164558-A1), hereinafter Ryu, and Tankovich (US Patent US-20110313408-A1), hereinafter Tankovich.
Regarding claim 1, Guillet teaches a multiple laser pulse oscillation method using multiple Q- switching (Fig. 4), the method comprising:
forming one period (annotated Fig. 4 shows “one period”) of light energy (annotated Fig. 4 shows “one period” where a set of laser beams of peak power are formed)
exciting electrons of a gain medium by the light energy (Fig. 1 lamp#2 excites active medium #1);
performing first Q-switching (annotated Fig. 3 below shows first Q-switching) during the one period of the light energy (annotated Fig. 3 shows oscillations #10 performed in one period);
oscillating a first laser pulse (annotated Fig. 4, 1st pulse) having a first peak power (annotated Fig. 4 “first pulse” shows a peak power at time t1) by the first Q- switching (annotated Fig. 4 shows 1st pulse being oscillating by 1st Q-switching in annotated Fig. 3);
performing second Q-switching (annotated Fig. 3 below shows 2nd Q-switching) after the first Q-switching is performed (annotated Fig. 3 “second Q switching” is performed after the 1st Q switching) during the one period of the light energy (annotated Fig. 3 shows oscillations #10 performed during the one period); and
oscillating a second laser pulse (annotated Fig. 4, 2nd pulse) having a second peak power (annotated Fig. 4 2nd pulse has a peak power at time t2) by the second Q-switching (annotated Fig. 4 shows 2nd pulse being oscillating by 2nd Q-switching in annotated Fig. 3),
wherein the first Q-switching and the second Q-switching are controlled (page 4 paragraph 8 states from translated document “Switching is carried out by moving the support / mirror assembly relative to the laser head manually or by means of a motorized device controlled for example by a key on the control keyboard”) to be performed at a certain interval (annotated Fig. 3 1st Q-switching and 2nd Q-switching are performed at a certain intervals corresponding to t1 and t2) during the one period of the light energy (annotated Fig. 3 1st Q-switching and 2nd Q-switching are during “one period”) such that
the first laser pulse and the second laser pulse (annotated Fig. 4 1st pulse and 2nd pulse) are oscillated accordingly at the certain interval (annotated Fig. 4 1st pulse and 2nd pulse are oscillated at t1 and t2) and
wherein the first Q-switching is controlled to be performed when a first delay time passes after the light energy is formed (annotated Fig. 4 shows a delay time while the power increases till the peak for the “1st Q-switching” is formed during the one period) such that
the excited electrons are used for oscillation of the first laser pulse (it is inherent that the excited electrons that are excited by the lamp 2 are used for oscillation of the first laser pulse), and
wherein the second Q-switching is controlled to be performed when a second delay time passes after the first Q-switching is performed (annotated Figs. 3-4 shows the “delay” between 1st Q-switching and 2nd Q-switching corresponding to 1st pulse and 2nd pulse) such that
the excited electrons are used for oscillation of the second laser pulse (it is inherent that the excited electrons that are excited by the lamp 2 are used for oscillation of the second laser pulse).
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Guillet failed to teach one period of light energy ranging from 200 ms to 350 ms, each of the first peak power and the second peak power is within range for achieving skin treatment without causing damage.
However, Ryu teaches one period of the light energy ranges from 200 ms to 350 ms (from translated document page 10 line 14 states “the oscillation period of the flash lamp has a period of 300 ~ 350us”). It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Gillet’s method with a period of light of between 200 ms to 350 ms as taught by Ryun because it will be used for skin treatment (from Ryu see abstract and line 15 page 10).
Guillet’s device modified teaches each of the first peak power and the second peak power is within range (from Gillet annotated figure below 1st and 2nd pulse are within a range) for achieving skin treatment (from Guilliet page 5 lines 3-5 from translated document states “Some of the main medical applications for the device include Dermatology with for example the removal of tattoos and other pigmented lesions, as well as the coagulation of angiomas” ). However, Guillet’s modified device does not explicitly teach without causing damage.
However Tankovich teaches a laser pulse oscillation method (equation 1; [0051] states “The dependences of pulse energy (and, consequently, average power) of the laser can be estimated using the following formula for output energy of the laser operating in the passive Q switch mode” ) having peak power range ([0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”) use for skin treatment (the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract ) without causing damage (from Tankovich abstract “the range of the skin treatment would produce skin tissue modification but below skin tissue damage threshold”). It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Guillet’s method in the view of Ryu by manipulating the pump rate as taught by Tankovich because having the range of the skin treatment would produce skin tissue modification but below skin tissue damage threshold (from Tankovich see abstract).
Regarding claim 2, Gillet’s modified method teaches the first Q-switching (from Guillet annotated Fig. 3 in claim 1 1st Q-switching).
Gillet’s modified method fails to teach the first Q-switching has a delay time ranging from 80 ms to 150 ms directly after the light energy is formed.
However, a delay time from 80 ms to 150 ms directly after the light energy is formed can be achieved through routine optimization (annotated Fig. 4 from Gillet shows a delay time while the power increases till reaching the peak for the “1st Q-switching”), see MPEP 2144.05 IIA. It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Gillet’s method in the view of Tankovich with a delay time ranging from 80 ms to 150 ms directly after the light energy is formed because having a delay time ranging from 80 ms to 150 ms passes after the third Q-switching is a result of routine optimization which would allow to avoid cross-talk between set of Q-switching pulses, see MPEP 2144.05 IIB.
Claim(s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gillet (Foreign Patent Patent FR-2713836-A1) in the view of Ryu (Foreign Patent WO-2017164558-A1) and Tankovich (US Patent US-20110313408-A1), as per claim 1, in further view of Yessik (US Patent US-5621745-A this reference has been cited in the IDS) hereinafter Yessik.
Regarding claim 3, Gillet’s method teaches first and second Q-switching (from Guillet annotated Fig. 3 in claim 1 shows 1st and 2nd Q-switching); a delay time between first and second Q-switching (from Guillet page 4 paragraph 2 of the translated document states “a burst -15- of 20 pulses of 10 ns each -Fig. 4-, spread over a millisecond, repeated 10 times per second”; the delay time between pulses being calculated considered the values in page 4 paragraph 2 is ~50ms per pulse).
Gillet’s modified method fails to teach the second Q-switching has a delay time ranging from 10 ms to 30 ms from the first Q-switching.
However, Yessik teaches the second Q-switching (Fig. 5 second Q-switching from annotated figure below) has a delay time ranging from 10 ms to 30 ms from the first Q-switching (Fig. 2 shows a delay time of 25ms between three pulses; column 6 lines 41-47 the period the flashlamp discharge pulse 11 is approximately 100 ms, comprising a multi-pulsed burst of between 2 and 50 sub-pulses is produced from each flashlamp pump pulse 11 ).
It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Gillet’s method in the view of Ryu and Tankovich by with a second Q-switching having a delay time ranging from 10 ms to 30 ms from the first Q-switching as taught by Yessik because having a delay time ranging from 10 ms to 30 ms would allow to increase the number of pulses per period without cross-talk between set of Q-switching pulses.
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Regarding claim 4, Gillet’s modified method teaches performing third Q-switching (from Guillet annotated Fig. 3 in claim 1 shows 3rd Q-switching), during the one period of the light energy (from Guillet annotated Fig. 3 in claim 1 shows one period during which 3rd Q-switching is performed);
and oscillating a third laser pulse having a third peak power by the third Q-switching (from Guillet annotated Fig. 4 in claim 1, 3rd pulse has peak power in the y-axis by the 3rd Q-switching),
wherein the first, the second, and the third Q-switching are controlled (annotated Fig. 4 first, second, and third Q-switching are controlled according to page 4 paragraph 8) to be performed at the certain interval (annotated Fig. 3 1st Q-switching, 2nd Q-switching, and 3rd Q-switching are performed at a certain intervals corresponding to t1, t2 and t3) during the one period of the light energy (annotated Fig. 3 1st Q-switching, 2nd Q-switching and 3rd-Q-switching are during “one period”) such that
the first, the second, and the third laser pulse are oscillated accordingly at the certain interval (annotated Fig. 4 first, second and third pulse are oscillated at certain interval) and
each of the first, the second, and the third peak power is within range (annotated Fig. 3 shows the range of the 1st, 2nd, and 3rd peak power) for achieving skin treatment without causing damage (from Tankovich equation 1; [0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”. the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract), and
wherein the third Q-switching is controlled to be performed after the second Q-switching (annotated Fig. 3 third Q-switching is controlled after the second Q-switching)
wherein the such that the excited electrons are used for oscillation of the third laser pulse (it is inherent that the excited electrons are used for oscillation of the third laser).
wherein peak power of the third laser pulse (from Guillet annotated Fig. 4 shows the peak power in the y-axis of 3rd pulse) oscillated by the third Q-switching (from Guillet annotated Fig. 3, 3rd Q-switching) is within the range (from Guillet Annotated Fig. 3 below show the peak power 14 of each pulse per each period; hence the peak power of the first or second laser pulse are respectively within a range) used for skin treatment (from Tankovich equation 1; [0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”. the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract).
Gillet’s modified method failed to teach performing third Q-switching when a delay time ranging from 10 ms to 30 ms passes after the second Q-switching is performed.
However, Yessik teaches performing third Q-switching (annotated Fig. 5 in claim 5 shows the third Q-switching) when a delay time ranging from 10 ms to 30 ms passes after the second Q-switching is performed (Fig. 2 shows a delay time of 25ms between three pulses; column 6 lines 41-47 the period the flashlamp discharge pulse 11 is approximately 100 ms, comprising a multi-pulsed burst of between 2 and 50 sub-pulses is produced from each flashlamp pump pulse 11), during the one period of the light energy (Fig. 5 shows a third laser pulse generated in one flash pump source).
It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Gillet’s method in the view of Ryu and Tankovich with a third Q-switching having a delay time ranging from 10 ms to 30 ms from the second Q-switching as taught by Yessik because having a delay time ranging from 10 ms to 30 ms would allow to increase the number of pulses per period without cross-talk between set of Q-switching pulses.
Regarding claim 5, Gillet’s modified method teaches oscillating a fourth laser pulse having a fourth peak power (from Guillet annotated Fig. 4 in claim 1 shows 4th pulse has a power peak at the y axis) by the fourth Q-switching (from Guillet annotated Fig. 3 in claim 1 shows 4th Q-switching),
wherein the first, the second, the third, and the fourth Q-switching are controlled (annotated Fig. 4 first, second, third, and fourth Q-switching are controlled according to page 4 paragraph 8 from Guillet) to be performed at the certain interval (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd Q-switching, and 4th Q-switching are performed at a certain intervals corresponding to t1, t2, t3 and t4) during the one period of the light energy (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd-Q-switching and 4th Q-switching are during “one period”) such that
the first, the second, the third, and the fourth laser pulse are oscillated accordingly at the certain interval (annotated Fig. 4 first, second, third and fourth pulse are oscillated at certain interval) and
each of the first, the second, the third, and the fourth peak power is within range (annotated Fig. 3 shows the range of the 1st, 2nd, 3rd , and 4th peak power are within a range) for achieving skin treatment without causing damage (from Tankovich equation 1; [0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”. the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract), and
wherein the fourth Q-switching is controlled to be performed after the third Q-switching is performed (annotated Fig. 3 fourth Q-switching is controlled after the third Q-switching) such that
the excited electrons are used for oscillation of the fourth laser pulse (it is inherent that the excited electrons are used for oscillation of the fourth laser).
Gillet’s modified method fails to teach performing fourth Q-switching when a delay time ranging from 10 ms to 30 ms passes after the third Q-switching is performed.
However, a delay time ranging from 10 ms to 30 ms passes after the third Q-switching is performed can be achieved through routine optimization (for example Gillet teaches a delay between pulses ~50 ms, see page 4 paragraph 2; hence, a delay time ranging from 10 ms to 30 ms passes after the third Q-switching can be optimized), see MPEP 2144.05 IIA. It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Gillet’s method in the view of Ryu, Tankovich, and Yessik with a delay time ranging from 10 ms to 30 ms passes after the third Q-switching as further taught by Yessik because it is a result of routine optimization which would allow increase the number of pulses in a period of time avoiding cross-talk between set of Q-switching pulses, see MPEP 2144.05 IIB.
Regarding claim 6, Gillet’s modified method teaches oscillating a fifth laser pulse (from Guillet annotated Fig. 4 in claim 1 shows 5th pulse) having a fifth peak power (from Guillet annotated Fig. 4 in claim 1 shows 5th pulse has a peak power) by the fifth Q-switching (from Guillet annotated Fig. 3 in claim 1 shows 5th Q-switching),
wherein the first, the second, the third, the fourth, and the fifth Q-switching are controlled (annotated Fig. 4 first, second, third, and fourth Q-switching are controlled according to page 4 paragraph 8 from Guillet) to be performed at the certain interval (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd Q-switching, 4th Q-switching and 5th Q-switching are performed at a certain intervals corresponding to t1, t2, t3, t4 and t5) during the one period of the light energy (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd-Q-switching and 4th Q-switching are during “one period”) such that
the first, the second, the third, the fourth, and the fifth laser pulse are oscillated accordingly at the certain interval (annotated Fig. 4 first, second, third, fourth and fifth pulse are oscillated at certain interval) and
each of the first, the second, the third, the fourth, and the fifth peak power is within range (annotated Fig. 3 shows the range of the 1st, 2nd, 3rd , and 4th peak power are within a range) for achieving skin treatment without causing damage (from Tankovich equation 1; [0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”. the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract), and
wherein the fifth Q-switching is controlled to be performed after the fourth Q-switching is performed (annotated Fig. 3 fifth Q-switching is controlled after the fourth Q-switching) such that
the excited electrons are used for oscillation of the fifth laser pulse (it is inherent that the excited electrons are used for oscillation of the fifth laser).
Gillet’s modified method failed to teach performing fifth Q-switching when a delay time ranging from 10 ms to 30 ms passes after the fourth Q-switching is performed.
However, a delay time ranging from 10 ms to 30 ms passes after the fourth Q-switching is performed can be achieved through routine optimization (for example Gillet teaches a delay between pulses ~50 ms, see page 4 paragraph 2; hence, a delay time ranging from 10 ms to 30 ms passes after the fourth Q-switching can be optimized), see MPEP 2144.05 IIA. It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Gillet’s method in the view of Ryu, Tankovich, and Yessik with a delay time ranging from 10 ms to 30 ms passes after the fourth Q-switching as further taught by Yessik because it is a result of routine optimization which would allow increase the number of pulses in a period of time avoiding cross-talk between set of Q-switching pulses, see MPEP 2144.05 IIB.
Regarding claim 7, Gillet’s modified method teaches oscillating a sixth laser pulse (from Guillet page 4 paragraph 2 states “a burst -15- of 20 pulses of 10 ns each -Fig. 4-”; hence a sixth pulse is generated by sixth Q-switching not shown in figures but it is inherent to have their respective laser pulse and Q-switching) having a sixth peak by the sixth Q-switching power (a sixth pulse would have a sixth peak power by a sixth Q-switching),
wherein the first, the second, the third, the fourth, the fifth, and the sixth Q-switching are controlled (annotated Fig. 4 Q-switchings are controlled according to page 4 paragraph 8 from Guillet) to be performed at the certain interval (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd Q-switching, 4th Q-switching and 5th Q-switching are performed at a certain intervals corresponding to t1, t2, t3, t4 and t5; hence sixth Q-switching is performed at a certain interval) during the one period of the light energy (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd-Q-switching, 4th Q-switching and 5Q-swtiching are during “one period”, hence sixth Q-switching is within “one period”) such that
the first, the second, the third, the fourth, the fifth, and the sixth laser pulse are oscillated accordingly at the certain interval (annotated Fig. 4 first, second, third, fourth and fifth pulse are oscillated at certain interval, hence sixth laser pulse is oscillated at a certain interval) and
each of the first, the second, the third, the fourth, the fifth, and the sixth peak power is within range (annotated Fig. 3 shows the range of the 1st, 2nd, 3rd , 4th and 5th peak power are within a range, hence 6th peak power is within a range) for achieving skin treatment without causing damage (from Tankovich equation 1; [0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”. the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract), and
wherein the sixth Q-switching is controlled to be performed after the fifth Q-switching is performed (annotated Fig. 3 fifth Q-switching is controlled after the fourth Q-switching, hence sixth Q-switching is controlled after the fifth Q-switching) such that
the excited electrons are used for oscillation of the sixth laser pulse (it is inherent that the excited electrons are used for oscillation of the sixth laser).
Gillet’s modified method fails to teach performing sixth Q-switching when a delay time ranging from 10 ms to 30 ms passes after the fifth Q-switching is performed.
However, a delay time ranging from 10 ms to 30 ms passes after the fifth Q-switching is performed can be achieved through routine optimization (for example Gillet teaches a delay between pulses ~50 ms, see page 4 paragraph 2; hence, a delay time ranging from 10 ms to 30 ms passes after the third Q-switching can be optimized), see MPEP 2144.05 IIA. It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Gillet’s modified method in the view of Ryu, Tankovich and Yessik with a delay time ranging from 10 ms to 30 ms passes after the fifth Q-switching as further taught by Yessik because it is a result of routine optimization which would allow increase the number of pulses in a period of time avoiding cross-talk between set of Q-switching pulses, see MPEP 2144.05 IIB.
Regarding claim 8, Gillet’s modified method teaches oscillating a seventh laser pulse (from Guillet page 4 paragraph 2 states “a burst…of 20 pulses of 10 ns each…”; hence a seventh pulse is generated by seventh Q-switching not shown in figures but it is inherent to have their respective laser pulse and Q-switching) having a seventh peak power by the seventh Q-switching (the seventh pulse would have a seventh peak power by a seventh Q-switching ),
wherein the first, the second, the third, the fourth, the fifth, the sixth, and the seventh Q- switching are controlled (annotated Fig. 4 Q-switchings are controlled according to page 4 paragraph 8 from Guillet) to be performed at the certain interval (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd Q-switching, 4th Q-switching and 5th Q-switching are performed at a certain intervals corresponding to t1, t2, t3, t4 and t5; hence seventh Q-switching is performed at a certain interval) during the one period of the light energy (annotated Fig. 3 1st Q-switching, 2nd Q-switching, 3rd-Q-switching, 4th Q-switching and 5Q-swtiching are during “one period”, hence seventh Q-switching is within “one period”) such that
the first, the second, the third, the fourth, the fifth, the sixth, and the seventh laser pulse are oscillated accordingly at the certain interval ((annotated Fig. 4 first, second, third, fourth and fifth pulse are oscillated at certain interval, hence seventh laser pulse is oscillated at a certain interval) and
each of the first, the second, the third, the fourth, the fifth, the sixth, and the seventh peak power is within range (annotated Fig. 3 shows the range of the 1st, 2nd, 3rd , 4th and 5th peak power are within a range, hence 7th peak power is within a range) for achieving skin treatment without causing damage (from Tankovich equation 1; [0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”. the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract), and
wherein the seventh Q-switching is controlled to be performed after the sixth Q-switching (annotated Fig. 3 fifth Q-switching is controlled after the fourth Q-switching, hence seventh Q-switching is controlled after the sixth Q-switching) is performed such that
the excited electrons are used for oscillation of the seventh laser pulse (it is inherent that the excited electrons are used for oscillation of the seventh laser).
Gillet’s modified method fail to teach performing seventh Q-switching when a delay time ranging from 10 ms to 30 ms passes after the sixth Q-switching is performed.
However, a delay time ranging from 10 ms to 30 ms passes after the sixth Q-switching is performed can be achieved through routine optimization (for example Gillet teaches a delay between pulses ~50 ms, see page 4 paragraph 2; hence, a delay time ranging from 10 ms to 30 ms passes after the sixth Q-switching can be optimized), see MPEP 2144.05 IIA. It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Gillet’s method in the view of Ryu, Tankovich, and Yessik with a delay time ranging from 10 ms to 30 ms passes after the sixth Q-switching as further taught by Yessik because it is a result of routine optimization which would allow increase the number of pulses in a period of time avoiding cross-talk between set of Q-switching pulses, see MPEP 2144.05 IIB.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yessik (US Patent US-5621745-A this reference has been cited in the IDS) in the view of Ryu (Foreign Patent WO-2017164558-A1), hereinafter Ryu, and Tankovich (US Patent US-20110313408-A1), hereinafter Tankovich.
Regarding claim 10, Yessik teaches a multiple laser pulse oscillation apparatus (for example Fig. 3 modulated pulsed laser #1) comprising a Q-switching portion (for example Fig. 3 Q-switch #24), a gain medium portion (for example Fig. 3 amplification medium #2), a first control portion (for example Fig. 3 # S1; column 6 lines 3-5 “the first signal S1 controls the amount of energy which is delivered from the power source 22 to the flashlamp 4”; hence S1 can be considered as a first control portion), and a second control portion (for example Fig. 3 #S3; column 6 lines 35-45 states “the microprocessor simultaneously delivers an RF driver signal S3 to the RF driver 26 and the RF driver signal S3 switches -or gates- the RF driver ON and OFF at predetermined intervals during the period of the flashlamp pump pulse 11 ”), the apparatus performing:
forming one period of light energy (for example Fig. 5 a flashlamp pulse where laser pulses are output during the duration of the flashlamp pulse; column 6 lines 41-42 the period of the flashlamp discharge pulse 11 is approximately 100 ms) in the gain medium portion (for example Fig. 3 light energy is produced in the gain medium #2) as the first control portion (for example Fig. 3 S1) applies an electrical control signal (for example column 6 lines 3-7 states “The first signal S1 controls the amount of energy which is delivered from the power source 22 to the flashlamp 4 and, in turn, the amount of energy which is delivered from the flashlamp 4 to the Nd:YAG rod 2”);
exciting electrons of the gain medium of the gain medium portion by the light energy (for example Fig. 3 gain medium #2 & flashlamp #4; column and lines states “a conventional flashlamp, is disposed adjacent the amplification medium 2 for delivering pulses of pump energy to the amplification medium 2 and exciting the atoms which comprise the amplification medium 2 to elevated quantum-mechanical energy levels.”);
performing first Q-switching in the Q-switching portion (for example Fig. 5 shows the first Q-switching as seen in the annotated figure from claim 3 which is formed in the Q-switch #24 from Fig. 3) as the second control portion applies an electrical control signal during one period of the light energy (for example Fig. 3 #S3; column 6 lines 35-45 states “the microprocessor simultaneously delivers an RF driver signal S3 to the RF driver 26 and the RF driver signal S3 switches -or gates- the RF driver ON and OFF at predetermined intervals during the period of the flashlamp pump pulse 11 ”; hence, S3 an electrical control signal during a flashlight pump pulse);
oscillating a first laser pulse (annotated Fig. 5 first laser pulse; column 5 lines 1-2 states “A number of the stimulated emissions will then form a beam 14 which oscillates between the mirrors 8 and 10”; therefore first pulse is oscillating) having a first peak power (annotated Fig. 5 first laser pulse has its corresponding peak power, see column 6 lines 63-67) by the first Q-switching (for example Fig. 3 shows the oscillation of the beam #14; column 5 lines 1-2 states “A number of the stimulated emissions will then form a beam 14 which oscillates between the mirrors 8 and 10”; therefore a first oscillating pulse is oscillating);
performing second Q-switching in the Q-switching portion (for example Fig. 5 shows a second Q-switching see annotated figure below during a flashlamp pump pulse which is formed in Q-switch 24 from Fig. 3) after the first Q-switching is performed (annotated Fig. 5 second Q-switching is preformed after first Q-switching) during the one period of the light energy (annotated Fig. 5 1st and 2nd Q-switching is performed during the flashlamp pulse as seen in the figure); and
oscillating a second laser pulse (annotated Fig. 5 second pulse, Fig. 3 shows the oscillation of the beam #14; column 5 lines 1-2 states “A number of the stimulated emissions will then form a beam 14 which oscillates between the mirrors 8 and 10”; therefore a second pulse is oscillating) having a second peak power (annotated Fig. 5 second pulse has its corresponding peak power, see column 6 lines 63-67) by the second Q-switching (annotated Fig. 5 second laser pulse is the result of the second Q-switching);
wherein the first Q-switching and the second Q-switching are controlled (Fig. 3 microprocessor 20 controls first Q-switching and the second Q-switching, see column 6 lines 50-53) to be performed at a certain interval during the one period of the light energy (annotated Fig. 5 shows the interval where first Q-switching and the second Q-switching are performed during the flashlamp pump pulse);
such that the first laser pulse and the second laser pulse are oscillated accordingly at the certain interval (annotated Fig. 5 shows first and second laser pulse being oscillating at the interval of 1st and 2nd Q-switching) and,
wherein peak power of the first laser pulse oscillated by the first Q-switching and peak power of the second laser pulse oscillated by the second Q-switching are respectively within a range ( Annotated Fig. 5 1st and 2nd Q-switching; column 6 lines 24-27 states “ In this manner, a laser output 15 comprising one or more multi-pulsed bursts having peak powers in the range of 10-1000 kilowatts may be readily generated”)
wherein the first Q-switching is controlled to be performed when a first delay time passes after the light energy is formed (annotated Fig. 5 shows RF signal is OFF first before the first Q-switching during the flashlamp pump pulse, hence there is a first delay time ) such that
the excited electrons are used for oscillation of the first laser pulse (it is inherent that the excited electrons are used for oscillation of the first laser pulse), and
wherein the second Q-switching is controlled (Fig. 3 microprocessor 20 controls second Q-switching) to be performed when a second delay time passes after the first Q-switching is performed (annotated Fig. 5 shows RF signal is OFF first before the first Q-switching during the flashlamp pump pulse during the flashlamp pump pulse, hence there is a second delay time)
such that the excited electrons are used for oscillation of the second laser pulse (it is inherent that the excited electrons are used for oscillation of the first laser pulse).
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Yessik fails to teach forming one period of light energy ranging from 200 ms to 350 ms, each of the first peak power and the second peak power is within range for achieving skin treatment without causing damage.
However, Ryu teaches one period of the light energy ranges from 200 ms to 350 ms (from translated document page 10 line 14 states “the oscillation period of the flash lamp has a period of 300 ~ 350us”). It would have been obvious to a person of ordinary skill in the art to prior to the effective filing date of the claimed invention to modify Yessik’s device with a period of light of between 200 ms to 350 ms as taught by Ryun because it will be used for skin treatment (from Ryu see abstract and line 15 page 10).
Yessik modified device’s teaches each of the first peak power and the second peak power is within range (from Yessik Annotated Fig. 5 1st and 2nd Q-switching are within a pawer range, see column 6 lines 24-27) for achieving skin treatment (from Ryu his device is for skin treatment, see abstract and line 15 page 10 ). Yessik modified device’s fails to teach without causing damage.
However Tankovich teaches a laser pulse oscillation method (equation 1; [0051] states “The dependences of pulse energy (and, consequently, average power) of the laser can be estimated using the following formula for output energy of the laser operating in the passive Q switch mode” ) having peak power range ([0051] states “maxima of the pulses' energy and peak power are observed close to the middle point of the passive Q switch mode. This fact allows one to manipulate with the output parameters of the laser by simply changing the pump rate”) use for skin treatment (the manipulation of the pump rate, see [0051], to control peak power range is used for skin treatment, see abstract ) without causing damage (from Tankovich abstract “the range of the skin treatment would produce skin tissue modification but below skin tissue damage threshold”). It would have been obvious to a person of ordinary skill in the art to prior to the effective filling date of the claimed invention to modify Yessik’s modified device in the view of Ryu by manipulating the pump rate as taught by Tankovich because having the range of the skin treatment would produce skin tissue modification but below skin tissue damage threshold (from Tankovich see abstract).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/FERNANDA ADRIANA CAMACHO ALANIS/Examiner, Art Unit 2828
/MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828
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