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 .
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 1-3, 5, 8-10 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Makihira et al. (US 2013/0286348) in view of Narasimha-Iyer et al. (US 2012/0274897; herein referred to as “Iyer”).
Regarding claim 1, Makihira discloses, an ophthalmic imaging system for imaging a location on a retina of a patient's eye (Figs. 1-3), the ophthalmic imaging system comprising:
a light source (141) arranged to emit a light beam towards the location (Para. 0039-0040) on the retina (“Er”);
an imaging device (160, 165) arranged to capture images of an anterior segment of the patient's eye (“Ea”); and
a controller (200) arranged to determine a movement of the location based on the captured images of the anterior segment of the patient's eye (Para. 0134);
wherein the controller is further arranged to adjust the light beam directed towards the retina based on the determined movement of the location (Para. 0134; discloses tracking eye movement and moving the position of the light to compensate for motion).
Makihira does not explicitly disclose the controller is further arranged to determine an angle of incidence adjustment based on the movement of the location; and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment, thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location.
Iyer teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make the controller further arranged to determine an angle of incidence adjustment based on the movement of the location (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam); and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam), thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the controller is further arranged to determine an angle of incidence adjustment based on the movement of the location; and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment, thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location as taught by the ophthalmic imaging system of Iyer in the ophthalmic imaging system of Makihira since Iyer teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with accurate positioning and improved image quality to obtain high quality images.
Regarding claim 2, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, an optical coherence tomography, OCT, imaging module (100) comprising: an interferometer (Para. 0035 and see 126) arranged to generate an interference signal from a reflected light beam received from the location on the retina via a sample arm of the OCT imaging module (Para. 0035 and 0071); and an OCT detector (101) for generating OCT image data indicative of the location based on the generated interference signal (Para. 0030).
Regarding claim 3, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, a scanning laser ophthalmoscopy, SLO, detector (140) arranged to receive a portion of the reflected light beam from the sample arm to generate SLO image data of the retina (Para. 0038).
Regarding claim 5, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, the controller is arranged to set a scan location for the light beam to image the target in dependence on the generated SLO image data (Para. 0099 and 0108).
Regarding claim 8, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, the controller is arranged to track movements of the anterior segment of the patient's eye in dependence on the captured images (Para. 0134, 0154 and 0158).
Regarding claim 9, Makihira discloses, an ophthalmic imaging system for imaging a location on a retina of a patient's eye (Figs. 1-3), the ophthalmic imaging system comprising:
an ophthalmic coherence tomography, OCT, imaging module (100, 101) arranged to acquire OCT images of the location (Para. 0020) by emitting a light beam towards the location on the retina (“Er”);
an imaging device (160, 165) arranged to capture images of the patient's pupil (Para. 0026);
a scanning laser ophthalmoscope, SLO, imaging detector (140) arranged to acquire a SLO image of the patient's retina (Para. 0038); and
a controller (200) arranged to:
direct the light beam towards the location based on the generated SLO image such that the light beam is incident on the location on the retina (Para. 0038);
determine a movement of the location based on the captured images of the patient's pupil (Para. 0134); and
adjust the light beam directed towards the retina based on the determined movement of the location (Para. 0134).
Makihira does not explicitly disclose the controller is further arranged to determine an angle of incidence adjustment based on the movement of the location; and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment, thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location.
Iyer teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make the controller further arranged to determine an angle of incidence adjustment based on the movement of the location (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam); and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam), thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the controller is further arranged to determine an angle of incidence adjustment based on the movement of the location; and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment, thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location as taught by the ophthalmic imaging system of Iyer in the ophthalmic imaging system of Makihira since Iyer teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with accurate positioning and improved image quality to obtain high quality images.
Regarding claim 10, Makihira discloses, a method of compensating for movements of a patient's eye during imaging of a location on a retina of the patient's eye (Figs. 1-3), the method comprising:
capturing images (160, 165) of an anterior segment (“Ea”) of the patient's eye (Para. 0026);
determining a movement of the location based on the captured images of the anterior segment (Para. 0134); and
adjusting a light beam directed to the retina for imaging the location on the retina based on the determined movement of the location to compensate for movements of the patient's eye during imaging (Para. 0134).
Makihira does not explicitly disclose the controller is further arranged to determine an angle of incidence adjustment based on the movement of the location; and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment, thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location.
Iyer teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make the controller further arranged to determine an angle of incidence adjustment based on the movement of the location (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam); and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam), thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location (Para. 0083 and Para. 0091; note discloses using eye tracking to determine pupil movement and using this movement to adjust the light source to adjust the angle of incidence of the light beam).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the controller is further arranged to determine an angle of incidence adjustment based on the movement of the location; and adjust an angle of incidence of the light beam according to the determined angle of incidence adjustment, thereby imaging the location according to the adjusted angle of incidence in response to the determined movement of the location as taught by the ophthalmic imaging system of Iyer in the ophthalmic imaging system of Makihira since Iyer teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with accurate positioning and improved image quality to obtain high quality images.
Regarding claim 14, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, acquiring a reference SLO image of the retina of the patient's eye and selecting a scan position for imaging the location on the retina based on the acquired reference SLO image (Para. 0134).
Regarding claim 15, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, acquiring the reference SLO image comprises splitting a reflected light beam received from the location on the retina (Para. 0038).
Regarding claim 16, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, splitting the reflected light beam comprises splitting the reflected light beam in a sample arm of an optical coherence topography imaging module (Para. 0062 and 250 of Fig. 2).
Regarding claim 17, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, splitting the reflected light beam comprises splitting the reflected light beam prior to the reflected light beam entering an interferometer (Para. 0062 and 250 of Fig. 2).
Regarding claim 18, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, capturing images of the anterior segment comprises detecting a reference position of the patient's eye and detecting a movement of the anterior segment from the reference position (Para. 0134).
Regarding claim 19, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, determining a movement of the location comprises tracking the position of the anterior segment and comparing the tracked position of the anterior segment with a look-up table to determine the movement of the location (Para. 0086 and see 200).
Regarding claim 20, Makihira in view of Iyer discloses and teaches as set forth above, and Makihira further discloses, measuring an axial length between the anterior segment and the retina of the patient's eye and determining a relationship between the captured images of the patient's eye and the movement of the location in dependence on the measured axial length (Para. 0034).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Makihira et al. (US 2013/0286348) in view of Narasimha-Iyer et al. (US 2012/0274897; herein referred to as “Iyer”) as applied to claim 3 above, and further in view of Everett et al. (US 2019/0056214).
Makihira in view of Iyer remains as applied to claim 3 above.
Makihira in view of Iyer does not disclose a beam splitter located in the sample arm arranged to split the portion of the reflected light beam from the reflected light beam in the sample arm before the reflected light beam enters the interferometer.
Everett teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to include a beam splitter (250 of Fig. 2) located in the sample arm arranged to split the portion of the reflected light beam from the reflected light beam in the sample arm before the reflected light beam enters the interferometer (Para. 0062).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a beam splitter located in the sample arm arranged to split the portion of the reflected light beam from the reflected light beam in the sample arm before the reflected light beam enters the interferometer as taught by the ophthalmic imaging system of Everett in the combination of Makihira in view of Iyer since Everett teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an accurate ophthalmic imaging system with high-precision images.
Claims 6-7 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Makihira et al. (US 2013/0286348) in view of Narasimha-Iyer et al. (US 2012/0274897; herein referred to as “Iyer”) as applied to claims 3 and 10 above, and further in view of Hurst (US 2021/0100448).
Makihira in view of Iyer remains as applied to claims 3 and 10 above.
Makihira in view of Iyer does not disclose the controller is arranged to acquire a first SLO image of the retina in a first position and a second SLO image of the retina in a second position from the SLO detector; and wherein the controller is further configured to track a position of the anterior segment of the eye; and determine a relationship between the tracked position of the anterior segment of the eye and a position of the retina by comparing the first and second SLO images with the tracked position of the anterior segment of the eye.
Hurst teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make the controller is arranged to acquire a first SLO image of the retina in a first position and a second SLO image of the retina in a second position from the SLO detector (Para. 0002, 0014 and 0079); and wherein the controller is further configured to track a position of the anterior segment of the eye (Para. 0002, 0014 and 0079); and determine a relationship between the tracked position of the anterior segment of the eye and a position of the retina by comparing the first and second SLO images with the tracked position of the anterior segment of the eye (Para. 0002, 0014 and 0079).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the controller is arranged to acquire a first SLO image of the retina in a first position and a second SLO image of the retina in a second position from the SLO detector; and wherein the controller is further configured to track a position of the anterior segment of the eye; and determine a relationship between the tracked position of the anterior segment of the eye and a position of the retina by comparing the first and second SLO images with the tracked position of the anterior segment of the eye as taught by the ophthalmic imaging system of Hurst in the combination of Makihira in view of Iyer since Hurst teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with improved image quality.
Regarding claim 7, Makihira, Iyer and Hurst discloses and teaches as set forth above, and Hurst further teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make the controller is arranged to compare a movement of an anatomical feature from a first position in the first SLO image to a second position in the second SLO image, with the tracked position of the anterior segment of the eye to determine the relationship between the position of the anterior segment of the eye and the retina (Para. 0002, 0014 and 0079).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the ophthalmic imaging system of Hurst in the combination of Makihira in view of Iyer since Hurst teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with improved image quality.
Regarding claim 11, Makihira, Iyer and Hurst discloses and teaches as set forth above, and Hurst further teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make acquiring a first scanning laser ophthalmoscopy, SLO, image of the retina in a first position (Para. 0002, 0014 and 0079); acquiring a second SLO image of the retina in a second position; tracking a position of the anterior segment of the eye (Para. 0002, 0014 and 0079); and determining a relationship between the tracked position of the anterior segment of the eye and a position of the retina by comparing the first and second SLO images with the tracked position of the anterior segment of the eye (Para. 0002, 0014 and 0079).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the ophthalmic imaging system of Hurst in the combination of Makihira in view of Iyer since Hurst teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with improved image quality.
Regarding claim 12, Makihira, Iyer and Hurst discloses and teaches as set forth above, and Hurst further teaches, from the same field of endeavor that in an ophthalmic imaging system that it would have been desirable to make comparing the first and second SLO images with the tracked position of the anterior segment comprises comparing a movement of an anatomical feature from a first position in the first SLO image to a second position in the second SLO image with the tracked position of the anterior segment of the eye to determine the relationship between the tracked position of the anterior segment of the eye and the retina (Para. 0002, 0014 and 0079).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the ophthalmic imaging system of Hurst in the combination of Makihira in view of Iyer since Hurst teaches it is known to include these features in an ophthalmic imaging system for the purpose of providing an ophthalmic imaging system with improved image quality.
Regarding claim 13, Makihira, Iyer and Hurst discloses and teaches as set forth above, and Makihira further discloses, moving a fixation target from a first fixation position to a second fixation position to steer the patient's eye to move the retina from the first position to the second position (Para. 0027, 0047 and see 170).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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.
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 DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 8:00-5:00 PM.
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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 12/04/2025