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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Drawings
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, the at least one of a controllable optical lens and a controllable optical mirror configured to transfer data between the apparatus and the microscopy system in lines 2-4 of claim 18 must be shown or the features canceled from the claim. 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.
Response to Amendment
The amendments to the claims in the submissions dated 05/20/2025 and 07/29/2025 in response to the office action mailed 02/20/2025 are acknowledged and accepted. Claims 1-16 and 18 are pending. Claim 17 is cancelled.
Response to Arguments
Applicant’s arguments, see the last two lines on page 8 through paragraph 2 on page 9 of Applicant’s Remarks, filed 05/20/2025, with respect to the interpretation of claims 1-3, 5-6 and 16 under 35 U.S.C. §112(f) have been fully considered and are persuasive. Therefore, the claim interpretation has been withdrawn.
Applicant’s arguments, see paragraph 3 on page 9 of Applicant’s Remarks, filed 05/20/2025, with respect to claims 1-16 have been fully considered and are persuasive. The 35 U.S.C. §112(b) rejection of claims 1-16 has been withdrawn.
Applicant’s arguments, see paragraphs 1-5 on page 9 of Applicant’s Remarks, filed 07/29/2025, with respect to the rejection of claims 1-16 under 35 U.S.C. §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Nakanishi et al., US 2017/0042419 A1 (hereinafter referred to as Nakanishi), in view of Goettlich et al, DE 102017001353 A1 (hereinafter referred Goettlich where reference will be made to the attached machine translation), and further in view of Heeren, US 2017/0280989 A1 (hereinafter referred to as Heeren).
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.
Claims 1-7, 10-14, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al., US 2017/0042419 A1 (hereinafter referred to as Nakanishi), in view of Goettlich et al, DE 102017001353 A1 (hereinafter referred Goettlich where reference will be made to the attached machine translation), and further in view of Heeren, US 2017/0280989 A1 (hereinafter referred to as Heeren).
As to claim 1, Nakanishi teaches an apparatus for optical coherence tomography (OCT)-based imaging (Nakanishi, Fig. 1, 15, paragraph [0028], “an OCT device 15”), the apparatus comprising:
a light-guide element (Nakanishi, Fig. 1, paragraph [0029], “the first optical unit 16 and the second optical unit 17 are connected by an optical fiber (light guide),” Fig. 2, 21a, paragraph [0048], “optical fiber 21a”);
a connector configured to connect the apparatus to a microscopy system (Nakanishi, Fig. 2, 16, paragraph [0130], “the first optical unit 16 (attachment for ophthalmic surgery) is configured to be detachably attached to the ophthalmic surgical microscope 1,” paragraph [0165], “the connecting portion (connector, port) where the first optical unit 16 formed as an attachment is attached to the microscope 6 (main body)”), wherein the microscopy system includes an OCT radiation source (Nakanishi, Fig. 2, 21, 16, paragraph [0048], “the illumination optical system 20 includes an illumination light source 21,” figure 2 shows the optical path from the illumination light source 21 to the optical unit 16, thus the microscopy system includes an OCT radiation source); and
an optical connection configured to be established between the OCT radiation source and the at least one light-guide element in the connected state (Nakanishi, Fig. 1, paragraph [0029], “The OCT device 15 includes a first optical unit 16 and a second optical unit 17. One or both of these two units houses an optical element for forming an OCT image and the like. The first optical unit 16 is detachably attached to the microscope 6. The second optical unit 17 is arranged in the upper portion of the second arm 4 that supports the microscope 6. The first optical unit 16 and the second optical unit 17 are connected by an optical fiber (light guide),” Fig. 2, paragraph [0048], “the illumination optical system 20 includes an illumination light source 21, an optical fiber 21a,” thus an optical connection is established between the OCT radiation source 21 and the light-guide element 21a when the first optical unit 16 and the second optical unit 17 are connected by the optical fiber 21a).
Nakanishi does not teach at least one of a marker, an RFID element, and a barcode configured to be detected by the microscopy system to determine a change in a connection state of the apparatus, the connection state including a connected state.
However in the same field of endeavor Goettlich teaches an apparatus for optical coherence tomography (OCT)-based imaging (Goettlich, Fig. 1, 14, translation, paragraph [0024], “optical coherence tomograph (OCT)”) configured to be detected by the microscopy system to determine a change in a connection state of the apparatus, the connection state including a connected state (Goettlich, Fig. 1, 80, translation, paragraphs [0027]-[0029], the measuring arm fiber 40 and the electrical line 76 connect the OCT apparatus 14 to the processing head 12, the processing head is considered the microscope, the electrical line 76 is connected to the control unit 50 via a sensor 79 and an EEPROM 80, the sensor 79 detects the current electrical resistance of the electrical line 76, thus the sensor 79 is the element for detecting a change in the connection state).
However in the same field of endeavor Heeren teaches an apparatus for optical coherence tomography (OCT)-based imaging (Heeren, Fig. 1, 100, paragraph [0053], “surgical microscope 100 may… include a probe-based OCT system 134,” paragraph [0054], “surgical instrument 146 may be communicatively coupled with probe-based OCT system 134”) comprising: at least one of a marker, an RFID element, and a barcode configured to be detected by the microscopy system to determine a change in a connection state of the apparatus (Heeren, Fig. 1, 146, 144, paragraph [0069], “surgical instrument 146 may have attached or embedded sensing devices… to sense changes in position, location, or movement. Data generated from such sensors may be provided to tracking unit 144,” Fig. 6, 147, paragraph [0072], “tracking unit 144 may use marker 147”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakanishi configured to be detected by the microscopy system to determine a change in a connection state of the apparatus, the connection state including a connected state of Goettlich because easy replacement of the entire unit possible (Goettlich, translation, paragraph [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakanishi comprising at least one of a marker, an RFID element, and a barcode configured to be detected by the microscopy system to determine a change in a connection state of the apparatus of Heeren because it assists in determining and tracking the location of surgical instrument (Heeren, paragraph [0072]).
As to claim 2, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 1. Nakanishi does not teach the apparatus according to claim 1, further comprising an identifier capable of being read by the microscopy system to identify the apparatus.
However, in the same field of endeavor Goettlich teaches an apparatus, further comprising an identifier capable of being read by the microscopy system to identify the apparatus (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, such as the serial number of the measuring arm fiber, thus because serial numbers are used for identification, the EEPROM 80 is considered the element for identification of the apparatus).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakanishi further comprising the an identifier capable of being read by the microscopy system to identify the apparatus of Goettlich because doing so has the advantage that no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 3, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 1. Nakanishi does not teach the apparatus according to claim 1, further comprising at least one of a memory and a code in which at least one apparatus-specific information item is stored to be readout by the microscopy system.
However, in the same field of endeavor Goettlich teaches an apparatus, further comprising at least one of a memory and a code in which at least one apparatus-specific information item is stored to be readout by the microscopy system (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, EEPROM device interface is used for both input and output).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakanishi further comprising the at least one of a memory and a code in which at least one apparatus-specific information item is stored to be readout by the microscopy system of Goettlich because no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 4, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 3. Nakanishi does not teach the apparatus according to claim 3, wherein the at least one apparatus-specific information item is an information item about at least one of:
a length and a diameter of the light-guide element,
a polarization characteristic of the light-guide element,
a distortion characteristic of the light-guide element,
a transfer characteristic of the apparatus,
a maximum admissible power of radiation to be transferred through the light-guide
element,
an admissible wavelength or an admissible wavelength range of the radiation to be
transferred through the light-guide element,
an OCT imaging modality of the apparatus,
a field of application of the apparatus,
an approval characteristic of the apparatus, and
a maximum admissible scanning rate of the OCT imaging with the apparatus.
However, in the same field of endeavor Goettlich teaches an apparatus, wherein the at least one apparatus-specific information item is an information item about at least one of:
a length and a diameter of the light-guide element (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 serves to store specific date regarding the electrical cable 76 and the measuring arm fiber 40, for example the basic length of the measuring arm fiber 40),
a polarization characteristic of the light-guide element,
a distortion characteristic of the light-guide element,
a transfer characteristic of the apparatus,
a maximum admissible power of radiation to be transferred through the light-guide
element,
an admissible wavelength or an admissible wavelength range of the radiation to be
transferred through the light-guide element,
an OCT imaging modality of the apparatus,
a field of application of the apparatus,
an approval characteristic of the apparatus, and
a maximum admissible scanning rate of the OCT imaging with the apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakanishi with the at least one apparatus-specific information item is an information item about at least one of: a length and a diameter of the light-guide element of Goettlich because no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 5, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 1. Nakanishi does not teach the apparatus according to claim 1, wherein the connector includes a transmitter to transfer data between the apparatus and the microscopy system at least one of (1) continuously, and (2) bidirectionally.
However, in the same field of endeavor Goettlich teaches an apparatus, wherein the connector includes a transmitter to transfer data between the apparatus and the microscopy system at least one of (1) continuously, and (2) bidirectionally (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, EEPROM device interface is used for both input and output, thus bidirectional data transfer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Nakanishi with the connector includes a transmitter to transfer data between the apparatus and the microscopy system at least one of (1) continuously, and (2) bidirectionally of Goettlich, because no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 6, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Nakanishi further teaches a microscopy system (Nakanishi, Fig. 1, 1, paragraph [0028], “ophthalmic surgical microscope 1), comprising:
the OCT radiation source (Nakanishi, Fig. 2, 21, 16, paragraph [0048], “the illumination optical system 20 includes an illumination light source 21,” figure 2 shows the optical path from the illumination light source 21 to the optical unit 16, thus the microscopy system includes an OCT radiation source) and the connector which connects the apparatus according to claim 1 to the microscopy system (Nakanishi, Fig. 2, 16, paragraph [0130], “the first optical unit 16 (attachment for ophthalmic surgery) is configured to be detachably attached to the ophthalmic surgical microscope 1,” paragraph [0165], “the connecting portion (connector, port) where the first optical unit 16 formed as an attachment is attached to the microscope 6 (main body)”).
Nakanishi does not teach the apparatus according to claim 1, wherein a detector configured to detect a connection state change; and a controller configured to perform a change-conditional adjustment of a mode of operation of the microscopy system upon a detection of the connection state change.
However, in the same field of endeavor Goettlich teaches a microscopy system wherein
a detector configured to detect a connection state change (Goettlich, Fig. 1, 79, 80, translation, paragraphs [0027]-[0029], the electrical line 76 is connected to the control unit 50 via a sensor 79 and an EEPROM 80, the sensor 79 detects the current electrical resistance of the electrical line 76, thus the sensor 79 is the element for detecting a change in the connection state); and
a controller configured to perform a change-conditional adjustment of a mode of operation of the microscopy system upon a detection of the connection state change (Goettlich, Fig. 1, 50, translation, paragraphs [0027]-[0029], the measuring arm fiber 40 and the electrical line 76 connect the OCT apparatus 14 to the processing head 12, the processing head is considered the microscope, the electrical line 76 is connected to the control unit 50 via a sensor 79 and an EEPROM 80, the sensor 79 detects the current electrical resistance of the electrical line 76, thus the sensor 79 is the element for detecting a change in the connection state, paragraphs [0012]-[0015], the resistance of a cable changes with its temperature, and such resistance changes can be measured precisely, the EEPROM 80 stores the length-to-temperature coefficient of the fiber (mm/K), the resistance value of the temperature measuring cable at 20°C, the basic length of the measuring arm fiber, the temperature change of the reference arm or parts thereof can be measured and taken in to account when adjusting the optical reference arm length, thus the control unit 5 is configured to perform a change upon detection of the connection state change, in this case the length of the arm is changed when a temperature change is detected).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the microscopy system of Nakanishi with a detector configured to detect a connection state change; and a controller configured to perform a change-conditional adjustment of a mode of operation of the microscopy system upon a detection of the connection state change of Goettlich, because no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 7, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 6.
Nakanishi does not teach the microscopy system according to claim 6, wherein the controller is further configured to perform the change-conditional adjustment in a partly or fully automatic fashion.
However, in the same field of endeavor Goettlich teaches a microscopy system wherein the controller is further configured to perform the change-conditional adjustment in a partly or fully automatic fashion (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, EEPROM device interface is used for both input and output, thus adjustments are performed automatically).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the microscopy system of Nakanishi with the controller is further configured to perform the change-conditional adjustment in a partly or fully automatic fashion of Goettlich, because no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 10, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 6, and Nakanishi further teaches the microscopy system according to claim 6, wherein microscopy system is configured to at least one of:
establish or separate the optical connection between the OCT radiation source and the light-guide element of a connected apparatus (Nakanishi, Figs. 1-2, 1, 16, 100, paragraph [0038], “The deflecting member 100 is a member for deflecting the signal light from outside of the optical system of the ophthalmic microscope 1 in the direction toward the eye E,” paragraph [0054], the deflecting member 100 is housed in the first optical element 16, thus the deflecting member 100 establishes an optical connection between the OCT radiation source 21 and the light-guide element via connection to the first optical unit 16, paragraph [0130], the first optical unit 16 is configured to be detachably attached to the ophthalmic surgical microscope 1… the ophthalmic surgical microscope 1 includes the illumination optical system 20… the first optical unit 16 includes the deflecting member 100, which is located between the objective lens 19 and the eye E in a state of being attached to the ophthalmic surgical microscope 1),
adjust at least one characteristic of radiation generated by the OCT radiation source,
adjust signal processing of an OCT signal,
adjust an operational state of at least one illumination device of the microscopy system,
and
adjust a visualization of the OCT signal by a visualization device of the microscopy system as a result of the change-conditional adjustment of the mode of operation.
As to claim 11, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 6. Nakanishi does not teach the microscopy system according to claim 6, wherein the microscopy system is configured to:
perform a calibration when a connection state change is detected,
perform the change-conditional adjustment of the mode of operation based on a result of the calibration.
In the same field of endeavor Goettlich teaches an apparatus for OCT-based imaging wherein the microscopy system is configured to:
perform a calibration when a connection state change is detected (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, such as the serial number of the measuring arm fiber… stored during a basic calibration),
perform the change-conditional adjustment of the mode of operation based on a result of the calibration (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, such as the serial number of the measuring arm fiber, for example the length-to-temperature coefficient of the fiber (mm/K), the resistance value of the temperature measuring cable 76 at 20°C, the basic length of the measuring arm fiber 40, etc., which are stored during a basic calibration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose an apparatus for OCT-based imaging wherein the apparatus is configured to: perform a calibration when a connection state change is detected, perform the change-conditional adjustment of the mode of operation based on a result of the calibration. Doing so has the advantage that no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 12, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 11, and Nakanishi further teaches the microscopy system according to claim 11, wherein the microscopy system is configured to:
perform at least one of a polarization optimization (Nakanishi, Fig. 5, 150, “the polarization controller 153 adjusts the polarization state of the light L0”), a sweep signal search (Nakanishi, Fig. 5, 150, paragraph [0081], “The optical system may have the same configuration as a conventional swept-source OCT device. Specifically, the optical system is an interference optical system that includes a splitting unit that splits the light output from the wavelength tunable light source (wavelength sweeping light source)”), and a signal-to-noise ratio estimate by the calibration.
As to claim 13, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 6. Nakanishi does not teach a method for operating the microscopy system according to claim 6, the method comprising:
performing the change-conditional adjustment of the mode of operation of the microscopy system when a connection state change is detected.
However, in the same field of endeavor a method for operating the microscopy system (Goettlich, translation, paragraph [0018], the invention further relates to a method for using the device comprising an optical coherence tomograph), the method comprising:
performing the change-conditional adjustment of the mode of operation of the microscopy system when a connection state change is detected (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, such as the serial number of the measuring arm fiber, for example the length-to-temperature coefficient of the fiber (mm/K), the resistance value of the temperature measuring cable 76 at 20°C, the basic length of the measuring arm fiber 40, etc., which are stored during a basic calibration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Nakanishi with the method for operating the microscopy system, the method comprising: performing the change-conditional adjustment of the mode of operation of the microscopy system when a connection state change is detected of Goettlich, because no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 14, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 13. Nakanishi does not teach the method according to claim 13, further comprising at least one of: identifying a connected apparatus;
determining at least one apparatus-specific information item of the connected apparatus; and
performing at least one of an identity-dependent and information item-dependent adjustment of the mode of operation of the microscopy system.
However, in the same field of endeavor a method for operating the microscopy system (Goettlich, translation, paragraph [0018], the invention further relates to a method for using the device comprising an optical coherence tomograph), further comprising:
identifying a connected apparatus (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, such as the serial number of the measuring arm fiber, thus because serial numbers are used for identification, the EEPROM 80 is considered the element for identification of the apparatus);
determining at least one apparatus-specific information item of the connected apparatus (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40); and
performing at least one of an identity-dependent and information item-dependent adjustment of the mode of operation of the microscopy system (Goettlich, Fig. 1, 50, translation, paragraphs [0027]-[0029], the measuring arm fiber 40 and the electrical line 76 connect the OCT apparatus 14 to the processing head 12, the processing head is considered the microscope, the electrical line 76 is connected to the control unit 50 via a sensor 79 and an EEPROM 80, the sensor 79 detects the current electrical resistance of the electrical line 76, thus the sensor 79 is the element for detecting a change in the connection state, paragraphs [0012]-[0015], the resistance of a cable changes with its temperature, and such resistance changes can be measured precisely, the EEPROM 80 stores the length-to-temperature coefficient of the fiber (mm/K), the resistance value of the temperature measuring cable at 20°C, the basic length of the measuring arm fiber, the temperature change of the reference arm or parts thereof can be measured and taken in to account when adjusting the optical reference arm length, thus the control unit 5 is configured to perform a change upon detection of the connection state change, in this case the length of the arm is changed when a temperature change is detected).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Nakanishi to include identifying a connected apparatus; determining at least one apparatus-specific information item of the connected apparatus; and performing at least one of an identity-dependent and information item-dependent adjustment of the mode of operation of the microscopy system of Goettlich because doing so has the advantage that no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 16, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 14. Nakanishi does not teach the method according to claim 14, further comprising:
reading the at least one apparatus-specific information item from the memory.
However, in the same field of endeavor Goettlich teaches a method for operating the microscopy system (Goettlich, translation, paragraph [0018], the invention further relates to a method for using the device comprising an optical coherence tomograph), further comprising:
reading the at least one apparatus-specific information item from the memory (Goettlich, Fig. 1, 80, translation, paragraph [0029], the EEPROM 80 is used to store specific data regarding the electrical cable 76 and the measuring arm fiber 40, EEPROM device interface is used for both input and output).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Nakanishi to include reading the at least one apparatus-specific information item from the memory of Goettlich because doing so has the advantage that no basic calibration has to be carried out in the event of an exchange, since all data of a unit consisting of measuring arm fiber 40 and electrical line 76 are already stored in the EEPROM (Goettlich, translation, paragraph [0029]).
As to claim 18, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 1, and Nakanishi further teaches the apparatus according to claim 1, wherein the connector includes at least one of a controllable optical lens and a controllable optical mirror (Nakanishi, Fig. 4, 107, paragraph [0058], “the first optical unit 16 is formed as a detachable attachment for the microscope 6… the first optical unit 16 includes… a scanner 107, a scan controller 108, and a combining unit 109”) configured to transfer data between the apparatus and the microscopy system (Nakanishi, Fig. 4, 109, paragraph [0065], “the combining unit 109 is connected to the OCT unit,”) at least one of (1) continuously, and (2) bidirectionally by adjusting at least one of a position and an orientation of the at least one of the controllable optical lens and the controllable optical mirror (Nakanishi, Fig. 4, 107, paragraph [0067], the scanner 107 changes the traveling direction of light passing through the optical path for OCT measurement… the scanner 107 includes, for example, a galvanometer mirror that scans the signal light in the x direction, a galvanometer mirror that scans in the y direction perpendicular to the x direction, and a mechanism(s) for driving the galvanometer mirrors independently).
Claims 8-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al., US 2017/0042419 A1 (hereinafter referred to as Nakanishi), in view of Goettlich et al, DE 102017001353 A1 (hereinafter referred Goettlich where reference will be made to the attached machine translation), in view of Heeren, US 2017/0280989 A1 (hereinafter referred to as Heeren), and further in view of Ren et al., US 2015/0173644 A1 (hereinafter referred to as Ren).
As to claim 8, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 6. Nakanishi does not teach the microscopy system according to claim 6, further comprising:
a first reader configured to read the identifier to identify a connected apparatus, and
wherein the microscopy system is configured to perform an identity-dependent adjustment of the mode of operation.
However, in the same field of endeavor Ren teaches an ophthalmic surgical tool tracking system (Ren, Fig. 1, 100, paragraph [0021], ophthalmic surgical tool tracking system), the tracking system comprising:
a first reader configured to read the identifier to identify a connected apparatus (Ren, Fig. 2, 130, paragraph [0044], the indicator may include identification of the ophthalmic surgical tool), and
wherein the microscopy system is configured to perform an identity-dependent adjustment of the mode of operation (Ren, Fig. 2, 130, paragraph [0044], the indicator 130 may identify that the ophthalmic surgical tool 130 is an irrigation tool).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the microscopy system of Nakanishi with the surgical tool tracking system comprising: a first reader configured to read the identifier to identify a connected apparatus, and wherein the microscopy system is configured to perform an identity-dependent adjustment of the mode of operation of Ren, because a surgeon may keep track o the operation of the ophthalmic surgical tool without looking away from the display (Ren, paragraph [0044]).
As to claim 9, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 6. Nakanishi does not teach the microscopy system according to claim 6, further comprising:
a second reader configured to readout the at least one apparatus-specific information item of a connected apparatus, and
wherein the microscopy system is configured to perform an information item-dependent adjustment of the mode of operation.
However, in the same field of endeavor Ren teaches an ophthalmic surgical tool tracking system (Ren, Fig. 1, 100, paragraph [0021], ophthalmic surgical tool tracking system), the tracking system comprising:
a second reader configured to readout the at least one apparatus-specific information item of a connected apparatus (Ren, Fig. 2, 130, paragraph [0044], the indicator may include parameters of the ophthalmic surgical tool), and
wherein the microscopy system is configured to perform an information item-dependent adjustment of the mode of operation (Ren, Fig. 2, 130, paragraph [0044], the indicator 130 may identify that the ophthalmic surgical tool 130 has a certain liquid flow rate, pressure, and temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the microscopy system of Nakanishi with the surgical tool tracking system comprising: a second reader configured to readout the at least one apparatus-specific information item of a connected apparatus, and wherein the microscopy system is configured to perform an information item-dependent adjustment of the mode of operation of Ren, because a surgeon may keep track of the operation of the ophthalmic surgical tool without looking away from the display (Ren, paragraph [0044]).
As to claim 15, Nakanishi in view of Goettlich and further in view of Heeren teaches all the limitations of the instant invention as detailed above with respect to claim 14. Nakanishi does not teach the method according to claim 14, further comprising:
determining at least one apparatus-specific information item based on the identity of the apparatus.
However, in the same field of endeavor Ren teaches a method for tracking an ophthalmic surgical tool (Ren, Fig. 4, 400, paragraph [0034], a method 400 for tracking and ophthalmic surgical tool 130), the method comprising:
determining at least one apparatus-specific information item based on the identity of the apparatus (Ren, Fig. 2, 130, paragraph [0044], the indicator may include identification of the ophthalmic surgical tool… the indicator 130 may identify that the ophthalmic surgical tool 130 is an irrigation tool).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Nakanishi with the method for tracking an ophthalmic surgical tool comprising: determining at least one apparatus-specific information item based on the identity of the apparatus of Ren, because a surgeon may keep track of the operation of the ophthalmic surgical tool without looking away from the display (Ren, paragraph [0044]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER A JONES whose telephone number is (703)756-4574. The examiner can normally be reached Monday - Friday 8 AM - 5 PM.
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JENNIFER A JONES
Examiner
Art Unit 2872
/JENNIFER A JONES/ Examiner, Art Unit 2872
/COLLIN X BEATTY/ Primary Examiner, Art Unit 2872