DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/28/2026 has been entered.
Remarks
This action is in response to the remarks filed 01/28/2026.
Claims 12-20, 32, and 33 are pending.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed 01/28/2026, with respect to the rejection of claims 12-20, 32, and 33 under 35 U.S.C. 103 have been fully considered but are not persuasive. Claims 1-11 have been cancelled. Independent claim 12 has been amended to further clarify the movement subsystem, and to include the limitation “responsive to or concurrent with a movement of the laser focus, move the visualization system in the direction of movement of the focusing objective, and move the visualization system along the optical axis of the visualization system to maintain the initial respective positions of the field of view of the visualization system relative to the target volume of ocular tissue”. Applicant argues that Ono discloses only the movement of the lens but not the whole system. This argument is not persuasive. Raksi was used to disclose the focusing and visualization systems as a whole (e.g. Par. [0073]: focusing objective 700; Figs. 7, 8: focusing objective 700 connected to the patient interface 800 and laser 200 with its own optical axis; Par. [0097]: describing focusing objective 700; Par. [0073]: imaging components 300 and 400; Fig. 7: imaging components 300 and 400, with its own optical axis, coupled to focusing optics 700 and to patient interface 800 through focusing optics). Ono was used to disclose it is known to move these systems (including their parts) along their own axis (e.g. Par. [0042]: the photography system moves along its optical path; Par. [0047]: the focusing lens is moved along its optical path). Therefore, Ono is still eligible as prior art. The claims are now rejected as explained in the current office action below.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 12-20, 32, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Raksi (US Patent Application 2020/0016002 – APPLICANT CITED ON 10/21/2022 IDS, of record), further in view of Ono (US Patent Application 2019/0350455, of record).
Regarding claim 12, Raksi discloses a system for imaging a region of an eye including a target volume of ocular tissue (e.g. Abstract; Par. [0028]: imaging apparatus to image ocular tissue; Figs. 7, 8: imaging apparatus 300), the system comprising:
a laser source configured to output a laser beam (e.g. Par. [0060]: femtosecond laser; Figs. 7, 8: laser 200);
a first optical subsystem configured to be coupled to the eye (e.g. Par. [0073]: patient interface 800 coupled to the patient’s eye; Par. [0089]: window 801 of patient interface attached to patient; Fig. 7: patient interface 800 coupled to eye 1);
a focusing objective optically coupled with the first optical subsystem and the laser source, the focusing objective having an optical axis (e.g. Par. [0073]: focusing objective 700; Figs. 7, 8: focusing objective 700 connected to the patient interface 800 and laser 200 with its own optical axis; Par. [0097]: describing focusing objective 700);
a visualization system having a depth of field and a field of view, the visualization system optically coupled to the focusing objective and to the first optical subsystem through the focusing objective (e.g. Par. [0073]: imaging components 300 and 400; Fig. 7: imaging components 300 and 400, with its own optical axis, coupled to focusing optics 700 and to patient interface 800 through focusing optics);
a movement subsystem configured to move the focusing objective and the visualization system and to move the visualization system in the direction of movement of the focusing objective (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system and since they rotate together the visualization system moves in the direction of the focusing objective, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus); and
a control system configured to control the movement subsystem and the visualization system (e.g. Pars. [0074]-[0075]: control system 100 connected to all of the components of the system) to:
place the depth of field and the field of view of the visualization system at respective positions relative to the target volume of ocular tissue so the target volume is within the depth of field and within the field of view (e.g. Par. [0114]: system calibrated to ensure the focus matches the commanded location; Par. [0130]: volume of ocular tissue displayed),
obtain an image of the region of the eye with the visualization system (e.g. Par. [0130]: volume of ocular tissue displayed),
move the focusing objective along its optical axis to move a laser focus of the laser beam to a depth location within the target volume of ocular tissue (e.g. Pars. [0107]-[0108]: optical system including laser source 200 can be moved to allow access to the whole circumference of the irido-corneal angle of the eye; Par. [0114]: system calibrated to ensure the focus matches the commanded location; Par. [0130]: volume of ocular tissue displayed; Par. [0080]: fixed optics used for observation device 400); and
responsive to or concurrent with a movement of the laser focus, move the visualization system in the direction of movement of the focusing objective to maintain the initial respective positions of the field of view of the visualization system relative to the target volume of ocular tissue (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system and since they rotate together the visualization system moves in the direction of the focusing objective).
While Raksi discloses moving the focusing objective and the visualization system, it fails to specifically disclose the movement subsystem moving the focusing objective along the optical axis of the focusing objective and the visualization system along the optical axis of the visualization system, and responsive to or concurrent with a movement of the laser focus, move the visualization system along the optical axis of the visualization system.
Ono, in a similar field of endeavor, is directed towards an ophthalmic apparatus. Ono discloses moving the focusing lens (part of the focusing objective) along the optical axis of the focusing lens and moving the photography lens (part of the visualization system) along the optical axis of the photographing optical system (e.g. Par. [0042]: the photography system moves along its optical path; Par. [0047]: the focusing lens is moved along its optical path), and responsive to or concurrent with a movement of the laser focus, move the visualization system along the optical axis of the visualization system (e.g. Par. [0047]: the movement of the photography focusing lens, focus optical system (the laser focus), and the OCT focusing lens together).
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 movement subsystem of Raksi with the movement system of Ono, because doing so would allow movement of each system individually to better image and treat the patient’s eye.
Regarding claim 13, Raksi further discloses wherein the movement subsystem comprises: a first mechanism arranged to move the focusing objective and to move the visualization system in the direction of movement of the focusing objective (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system and since they rotate together, the visualization system moves in the direction of the focusing objective, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus), and a second mechanism arranged to move the visualization system without moving the focusing objective (e.g. Par. [0087]: only the focusing lens of the OCT imaging system is axially moved). However, Raksi fails to specifically disclose moving the focusing objective along the optical axis of the focusing objective.
Ono, in a similar field of endeavor, is directed towards an ophthalmic apparatus. Ono discloses moving the focusing lens (part of the focusing objective) along the optical axis of the focusing lens (e.g. Par. [0047]: the focusing lens is moved along its optical path).
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 movement subsystem of Raksi in view of Ono with the movement system of Ono, because doing so would allow movement of each system individually to better image and treat the patient’s eye.
Regarding claim 14, Raksi further discloses wherein the control system controls the movement subsystem by being further configured to: control the first mechanism to move the focusing objective along a first mechanical axis and to move the visualization system along an axis parallel to the first mechanical axis to thereby maintain optical coupling between the visualization system and the focusing objective (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus; Par. [0087]: moving the lens of the visualization system on an axis parallel to focusing lens axis 522), and control the second mechanism to move the visualization system along a second mechanical axis without moving the focusing objective (e.g. Par. [0087]: only the focusing lens of the OCT imaging system is axially moved).
Regarding claim 15, Raksi further discloses wherein the first mechanical axis and the second mechanical axis are one of parallel each other, at an angle relative to each other, or are co-axial (e.g. Fig. 8: rotation around axis 705 and axial movement 523, therefore the first and second axes are at an angle relative to each other).
Regarding claim 16, Raksi further discloses wherein movement by the first mechanism and movement by the second mechanism are one of sequential or simultaneous (e.g. Par. [0120]: the hardware can follow a sequential pattern).
Regarding claim 17, Raksi further discloses wherein the movement subsystem comprises: a first mechanism arranged to move the focusing objective (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus), and a second mechanism arranged to move the visualization system (e.g. Par. [0087]: only the focusing lens of the OCT imaging system is axially moved), and to move the visualization system in the direction of movement of the focusing objective (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system and since they rotate together, the visualization system moves in the direction of the focusing objective, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus).
Ono, in a similar field of endeavor, is directed towards an ophthalmic apparatus. Ono discloses moving the focusing lens along its optical axis and moving the photography lens along its axis (e.g. Par. [0042]: the photography system moves along its optical path; Par. [0047]: the focusing lens is moved along its optical path).
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 movement subsystem of Raksi in view of Ono with the movement system of Ono, because doing so would allow movement of each system individually to better image and treat the patient’s eye.
Regarding claim 18, Raksi further discloses wherein the control system controls the movement subsystem by being further configured to: control the first mechanism to move the focusing objective along a first mechanical axis (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus), and control the second mechanism to move the visualization system along an axis parallel to the first mechanical axis to thereby maintain optical coupling between the visualization system and the focusing objective, and to move the visualization system along a second mechanical axis (e.g. (e.g. Pars. [0107]-[0108]: the subsystem can include mechanical parts for rotation of the system, subsystem comprises lens 750 that is included in the focusing objective 700 as shown in fig. 8 and further includes imaging apparatus; Par. [0087]: moving the lens of the visualization system on an axis parallel to focusing lens axis 522, the focusing lens of the OCT imaging system is axially moved).
Regarding claim 19, Raksi further discloses wherein the first mechanical axis and the second mechanical axis are of parallel each other, at an angle relative to each other, or are co- axial (e.g. Fig. 8: rotation around axis 705 and axial movement 523, therefore the first and second axes are at an angle relative to each other).
Regarding claim 20, Raksi further discloses wherein movement by the first mechanism and movement by the second mechanism is one of sequential or simultaneous (e.g. Par. [0120]: the hardware can follow a sequential pattern).
Regarding claim 32, Raksi further discloses the mechanism comprises a support structure configured to move along the mechanical axis and a motor coupled to the support structure (e.g. Par. [0084]: moving the lens in the axial direction by a servo motor). However, Raksi fails to disclose a second mechanism being mechanically associated with a first mechanism to thereby move together with the first mechanism, and comprises a second support structure configured to move along the second mechanical axis and a second motor coupled to the second support structure.
Ono, in a similar field of endeavor, is directed towards an ophthalmic apparatus. Ono discloses a second mechanism being mechanically associated with a first mechanism to thereby move together with the first mechanism, and comprises a second support structure configured to move along the second mechanical axis and a second motor coupled to the second support structure (e.g. Par. [0060]: the movement mechanisms includes actuators, “Each of the movement mechanisms includes an actuator such as a pulse motor”).
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 movement subsystem of Raksi in view of Ono with the movement mechanisms of Ono, because doing so would allow movement of each system individually to better image and treat the patient’s eye.
Regarding claim 33, Raksi further discloses the mechanism comprises a support structure configured to move along the mechanical axis and a motor coupled to the support structure (e.g. Par. [0084]: moving the lens in the axial direction by a servo motor). However, Raksi fails to disclose a second mechanism comprises a second support structure to which the visualization system is mechanically coupled and a second motor coupled to the second support structure, the second support structure being independent of the first support structure and configured to move along the first mechanical axis and the second mechanical axis.
Ono, in a similar field of endeavor, is directed towards an ophthalmic apparatus. Ono discloses a second mechanism comprises a second support structure to which the visualization system is mechanically coupled and a second motor coupled to the second support structure, the second support structure being independent of the first support structure and configured to move along the first mechanical axis and the second mechanical axis (e.g. Par. [0060]: the movement mechanisms includes actuators, “Each of the movement mechanisms includes an actuator such as a pulse motor”, the imaging system includes a stage with a movement mechanism).
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 movement subsystem of Raksi in view of Ono with the movement mechanisms of Ono, because doing so would allow movement of each system individually to better image and treat the patient’s eye.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Holland et al. (US 2020/0352785) is directed towards imaging and treating ocular tissue of an eye.
Osawa et al. (US 2010/016872) is directed towards an ophthalmic surgery support device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA P ANJARIA whose telephone number is (571)272-9083. The examiner can normally be reached M-F: 8:00-5:00 EST.
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/SHREYA ANJARIA/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796
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