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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/06/2026 has been entered.
Claim Objections
Claims 9-11, 14, 15, 17, 19, and 25 are objected to because of the following informalities: Said claims are marked as “(previously presented)”, but are subjected to a restriction requirement in which they are withdrawn without traverse. Said claims should be marked “(withdrawn)”. Appropriate correction is required.
Election/Restrictions
Claims 9-11, 14, 15, 17, 19, and 25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/19/2025.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 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.
Applicant's arguments regarding Claims 4-8, 13, 20-24, 48, 53, and 55, filed 03/06/2026 have been fully considered but they are not persuasive.
Applicant argues that Frisken does not teach the following claimed limitation, “the optical system is configured such that, in use, the anisotropically transformed captured light is formed as a Fourier plane for light in a first spatial dimension corresponding to one of the short axis or the long axis of the elongated lateral cross- sectional area and is formed as an image plane for light in a second spatial dimension corresponding to the other of the short axis or the long axis; and the spatial sampling element samples the anisotropically transformed captured light in the first spatial dimension at the Fourier plane and the two-dimensional sensor array samples the anisotropically transformed captured light in the second spatial dimension at the image plane.”
The Examiner respectfully disagrees and points applicant to where Frisken explicitly teaches both Fourier plane (Far field) image forming and sampling in two dimensions, and image plane (near field) image forming and sampling in two dimensions [Page 12, Lines 10-35:
“The relayed retinal image is then collimated by a lens 144 after being reflected by a mirror 146 and transmitted through a dichroic beam splitter 148. A beam splitter 150, preferably but not necessarily a polarisation beam splitter (PBS), allows the far field of the retinal image to be combined with a suitably path length adjusted reference beam 152 that is collimated by a lens 154 and passes through a dichroic beam splitter 156. The far field of the retinal image is then compared to the reference beam 152 using a spectrometer 158 capable of analysing the polarisation state of the combined beams at a grid of spatial positions determined by a spatial sampling element such as a two-dimensional (2-D) lenslet array 160, preferably in combination with a corresponding 2-D aperture array 162 for reducing stray light. The polarisation state of the combined beams is analysed by a PBS 164 which is adjusted to be at an angle to both polarisation states, thereby creating an interference between the reference and signal paths which can provide information on the relative phase across the far field of the retinal image. The spectrometer 158 used here is a compact reflective spectrometer able to analyse a plurality of grid points, beams or beamlets simultaneously as they are dispersed at an angle to the grid by an appropriately oriented wavelength dispersive element in the form of a transmissive grating 166. A focusing element such as a lens 168 or an off-axis parabolic mirror collimates the grid of points for dispersion by the grating 166, followed by double passage through a quarter wave plate 170 via reflection from a mirror 172 to rotate the polarisation state by 90 degrees. In combination the quarter wave plate 170 and the mirror 172 form a polarisation transformation system, which in this particular example effects a polarisation transformation comprising a 90 degree rotation. The dispersed spectral components of the reflected light are imaged by the lens 168 onto a 2-D sensor array 174 such as a CMOS camera after passing through the PBS 164. The interferogram detected by the 2-D sensor array is read out in a single frame for subsequent analysis by a processor 176 equipped with suitable machine-readable program code. The processor may for example apply well-known Fourier transform techniques to obtain a depth- resolved image, i.e. a three-dimensional (3-D) image of a volume corresponding to the area of the retina 116 illuminated by the sample beam 114. In preferred embodiments the grating 166 is oriented with respect to the grid of spatial positions determined by the 2-D lenslet array 160 and the corresponding 2-D aperture array 162 such that each of the combined beams entering the spectrometer 158 is dispersed onto a separate set of pixels of the two-dimensional sensor array 174.” [Page 12, Lines 10-35].
The scope of Claims 4 and 48 is limited by, “…Fourier plane for light in a first spatial dimension corresponding to one of the short axis or the long axis… image plane for light in a second spatial dimension corresponding to the other of the short axis or the long axis… the spatial sampling element samples the anisotropically transformed captured light in the first spatial dimension at the Fourier plane… the two-dimensional sensor array samples the anisotropically transformed captured light in the second spatial dimension at the image plane…”.
Frisken teaches, on Page 12, Lines 10-35, spatial sampling by 2-D lenslet array 160 in two dimensions at the Fourier plane of the image formed at the Fourier plane by lens 144, and the sampling of the image, by 2-D sensor array 174, of the image formed at the image plane by lens 168. Since the images are formed and sampled at both locations in two dimensions, the long axis can be chosen for the Fourier plane and the short axis for the image plane, or the short axis for the Fourier plane and the long axis for the image plane. Thus Frisken teaches all the claimed limitations.
Therefore the rejection of Claims 4-8, 13, 20-24, 48, 53 and 55 is sustained.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 4-7, 13, 20-24, 48, 53, and 55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2018000036 A1.
Re Claim 4, Frisken discloses, on Fig. 1, an optical imaging apparatus comprising: an illumination system comprising an optical source for illuminating sources 104 and 102), with a multi-wavelength optical beam (first and second wave bands) [Page 10, Lines 0-10], a volume of an object (eye 118), said volume to be imaged in three spatial dimensions [Page 13, Lines 0-5], said volume having an elongated lateral cross-sectional area with a short axis, a long axis and an aspect ratio defined by the ratio of the long axis to the short axis three dimensional image on two dimensional sensor array would inherently have an aspect ratio) [Page 13, Lines 0-5]; an optical system for capturing and anisotropically transforming light scattered or reflected from the illuminated volume (polarization of wave plate 170 and mirror 172, or focusing of lenses 144 and 190) [Page 12, Lines 20-30 or Page 15, Lines 5-30 and Page 3, Lines 0-5]; one or more beam splitters ( splitters 120, 124, 138, and 156) for splitting light emitted from said optical source into a reference beam (105, 122, 152) and said multi-wavelength optical beam (beamlets 191) [Page 15, Lines 5-30], and for combining said reference beam with the captured light [Page 15, Lines 5-30]; a spatial sampling element (lenslet arrays 189 and 160) for sampling the anisotropically transformed captured light in a first dimension; and a measurement system (Spectrometer 158) comprising a two-dimensional sensor array for simultaneous capture of phase and amplitude information over a range of wavelengths of the anisotropically transformed captured light sampled by said spatial sampling element (Spectrometer 158),wherein:
the optical system is configured such that, in use, the anisotropically transformed captured light is formed as a Fourier plane for light in a first spatial dimension corresponding to one of the short axis or the long axis of the elongated lateral cross- sectional area (far field, or Fourier plane image, is sampled in 2-D thus the image must at least have two dimensions of data which would include a long axis and short axis) [Page 12, Lines 10-35] and is formed as an image plane for light in a second spatial dimension corresponding to the other of the short axis or the long axis (dispersed spectral components are imaged onto a 2-d sensor array at the image plane which would inherently include both a long axis and short axis directions) [Page 12, Lines 10-35];
and the spatial sampling element samples the anisotropically transformed captured light in the first spatial dimension at the Fourier plane (far field, or Fourier plane image, is sampled in 2-D thus the image must at least have two dimensions of data which would include a long axis and short axis) [Page 12, Lines 10-35] and the two-dimensional sensor array samples the anisotropically transformed captured light in the second spatial dimension at the image plane (dispersed spectral components are imaged onto a 2-d sensor array at the image plane which would inherently include sampling in both a long axis and short axis directions) [Page 12, Lines 10-35].
Re Claim 5, Frisken discloses, on Fig. 1, the apparatus according to claim 4, wherein said optical system is configured such that, in use, the aspect ratio of the anisotropically transformed light (light entering spectrometer 158 from lenses 144 and 190) at said spatial sampling element (arrays 189 and 160) is less than the aspect ratio of the lateral cross-sectional area of said illuminated volume (lenses 144 and 190 focus incident light and can be configured have similar effects as lenslet arrays 189 and 160)[Page 15, 0-50].
Re Claim 6, Frisken discloses, on Fig. 1, the apparatus according to claim 4, wherein said spatial sampling element is positioned for Fourier plane sampling of said anisotropically transformed captured light [Page 5, Lines 20-25].
Re Claim 7, Frisken discloses, on Fig. 1, the apparatus according to claim 4, wherein said spatial sampling element comprises a cylindrical lenslet array (lenslet arrays 189 and 160) or a linear aperture array (aperture array 162; Frisken teaches by reference the use of rectilinear lenslet arrays or cylindrical lenses) [Page 3, Lines 5-30].
Re Claim 13, Frisken discloses, on Fig. 1, the apparatus according to claim 4, wherein said measurement system comprises a dispersive element (aperture array 162) for dispersing the anisotropically transformed captured light in a direction substantially parallel to the first dimension [Page 13, Lines 0-5].
Re Claim 20, Frisken discloses, on Fig. 1, the apparatus according to claim 4, comprising a computer (processor 176) for processing the phase and amplitude information to construct a three-dimensional image of an optical characteristic of said object over said illuminated volume [Page 13, Lines 0-5].
Re Claim 21, Frisken discloses, on Fig. 1, the apparatus according to claim 20, wherein said optical characteristic is selected from the group comprising phase, reflectivity, refractive index, refractive index changes and attenuation (Spectrometer 158 would detect reflectivity and attenuation, and OCT would detect phase) [Page 13, lines 0-5].
Re Claim 22, Frisken discloses, on Fig. 1, the apparatus according to claim 20, wherein said measurement system comprises a polarisation separation element for capturing phase and amplitude information for at least first and second polarization states of the anisotropically transformed captured light [Page 5, Lines 10-15 and Page 8, Lines 20-30].
Re Claim 23, Frisken discloses, on Fig. 1, the apparatus according to claim 22, wherein said optical characteristic comprises birefringence or degree of polarization (spectrometer 158 analyzes polarization) [Page 8, Lines 20-30].
Re Claim 24, Frisken discloses, on Fig. 1, the apparatus according to claim 20, wherein said computer is configured to apply a focusing or aberration correction function to the phase and amplitude information [Page 9, Lines 0-5].
Re Claim 48, Frisken discloses, on Fig. 1, a method for optical imaging, said method comprising the steps of: illuminating, with a multi-wavelength optical beam (sources 104 and 102) [Page 10, Lines 0-10], a volume of an object (eye 118), said volume to be imaged in three spatial dimensions [Page 13, Lines 0-5], said volume having an elongated lateral cross-sectional area with a short axis, a long axis and an aspect ratio defined by a ratio of the long axis to the short axis (three dimensional image on two dimensional sensor array would inherently have an aspect ratio) [Page 13, Lines 0-5]; capturing and anisotropically transforming light scattered or reflected from the illuminated volume (polarization of wave plate 170 and mirror 172 or focusing of lenses 144 and 190) [Page 12, Lines 20-30 or Page 15, Lines 5-30 and Page 3, Lines 0-5]; splitting light emitted from an optical source into a reference beam (105, 122, 152) and said multi-wavelength optical beam (beamlets 191) [Page 15, Lines 5-30]; combining said reference beam with the anisotropically transformed captured light [Page 15, Lines 5-30]; sampling the anisotropically transformed captured light in a first dimension (lenslet arrays 189 and 160); and simultaneously capturing, with a measurement system comprising a two-dimensional sensor array (Spectrometer 158), phase and amplitude information over a range of wavelengths of the sampled anisotropically transformed captured light [Page 17, Lines 10-20], wherein:
the optical system is configured such that, in use, the anisotropically transformed captured light is formed as a Fourier plane for light in a first spatial dimension corresponding to one of the short axis or the long axis of the elongated lateral cross- sectional area (far field, or Fourier plane image, is sampled in 2-D thus the image must at least have two dimensions of data which would include a long axis and short axis) [Page 12, Lines 10-35] and is formed as an image plane for light in a second spatial dimension corresponding to the other of the short axis or the long axis (dispersed spectral components are imaged onto a 2-d sensor array at the image plane which would inherently include both a long axis and short axis directions) [Page 12, Lines 10-35];
and the spatial sampling element samples the anisotropically transformed captured light in the first spatial dimension at the Fourier plane (far field, or Fourier plane image, is sampled in 2-D thus the image must at least have two dimensions of data which would include a long axis and short axis) [Page 12, Lines 10-35] and the two-dimensional sensor array samples the anisotropically transformed captured light in the second spatial dimension at the image plane (dispersed spectral components are imaged onto a 2-d sensor array at the image plane which would inherently include sampling in both a long axis and short axis directions) [Page 12, Lines 10-35].
Re Claim 53, Frisken discloses, on Fig. 1, the method according to claim 48, wherein said object comprises the retina of an eye (retina 116) [Page 9].
Re Claim 55, Frisken discloses, the method according to claim 48, and Frisken further discloses, wherein the aspect ratio (of the volume of the eye) is at least 10:1 (a three dimensional image on two dimensional sensor array would inherently have an aspect ratio) [Page 13, Lines 0-5]
In regards to the limitation, “illuminating a volume of the eye… wherein the aspect ratio is at least 10:1”, the court has held that claim analysis is highly fact-dependent. A claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). See MPEP 2115.
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) 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Frisken (WO 2018000036 A1) in view of Parker (US 20170003226 A1).
Re Claim 1, Frisken discloses, on Fig. 1, an apparatus for imaging an eye, said apparatus comprising: an illumination system comprising an optical source for illuminating (sources 104 and 102), with a multi-wavelength optical beam (first and second wave bands) [Page 10, Lines 0-10], a volume of the eye (eye 118), said volume to be imaged in three spatial dimensions [Page 13, Lines 0-5], said volume having an elongated lateral cross-sectional area with a short axis , a long axis and an aspect ratio defined by the ratio of the long axis to the short axis, wherein the aspect ratio is at least 10:1 (a three dimensional image on two dimensional sensor array would inherently have an aspect ratio) [Page 13, Lines 0-5];
an optical system for capturing and anisotropically transforming light scattered or reflected from the illuminated volume (polarization of wave plate 170 and mirror 172 or focusing of lenses 144 and 190) [Page 12, Lines 20-30 or Page 15, Lines 5-30 and Page 3, Lines 0-5];
one or more beam splitters (splitters 120, 124, 138, and 156) for splitting light emitted from said optical source into a reference beam (105, 122, 152) and said multi-wavelength optical beam (beamlets 191) [Page 15, Lines 5-30],
and for combining said reference beam with the anisotropically transformed captured light (“allows the far field of the retinal image to be combined with a suitably path length adjusted reference beam”… “spectrometer 158 capable of analyzing the polarization state of the combined beams at a grid of spatial positions determined by a spatial sampling element such as a two-dimensional (2-D) lenslet array 160”, polarization transformations are anisotropic) [Page 12, Lines 10-35 and Par 15, Lines 5-30];
a spatial sampling element (lenslet arrays 189 and 160) for sampling the anisotropically transformed captured light in a first dimension;
and a measurement system comprising a two-dimensional sensor array (Spectrometer 158) for simultaneous capture of phase and amplitude information over a range of wavelengths of the anisotropically transformed captured light sampled by said spatial sampling element [Page 12, Lines 10-30].
But Frisken does not explicitly disclose, wherein the illumination system is configured to produce, at the illuminated volume, a laterally elongated illumination region with an aspect ratio defined by a ratio of the long axis to the short axis of at least 10:1.
However, within the same field of endeavor, Parker teaches, on Fig. 1, that it is desirable in multispectral imaging, to include, wherein the illumination system is configured to produce, at the illuminated volume, a laterally elongated illumination region with an aspect ratio defined by a ratio of the long axis to the short axis of at least 10:1 (collection region B with similar shape to entry region produced by probe beam conditioning optics can have an aspect ratio of greater than 10:1) [Par 26]..
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Frisken with Parker in order to provide, enhanced depth selectio, as taught by Parker [Par 26].
Re Claim 2, Frisken in view of Parker discloses, the apparatus according to claim 1, and Frisken further discloses on Fig. 1, wherein said optical system is configured to cooperate with the optical power elements of the eye, for imaging the retina of the eye [Page 5, Lines 0-5].
Re Claim 3, Frisken in view of Parker discloses, the apparatus according to claim 2, and Frisken further discloses on Fig. 1, wherein said measurement system is configured to capture phase and amplitude information in first and second frames of said two-dimensional sensor array, for measurement of changes due to blood flow in the illuminated volume of the retina (Spectrometer 158) [Page 12, Lines 10-30].
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Frisken.
Re Claim 8, Frisken discloses, on Fig. 1, the apparatus according to claim 4, wherein said optical system and said spatial sampling element are configured such that, in use, the anisotropically transformed captured light is sampled by said spatial sampling element (lenslets 189 and 160) is projected onto a substantial portion of said two-dimensional sensor array (Spectrometer 158) [Page 12, Lines 10-30 and Page 13, Lines 0-5].
But Frisken doesn’t explicitly disclose, said substantial portion comprising at least 100 pixels in each dimension.
However, Frisken does disclose wherein the spatial sampling element (spectrometer 158) are dispersed on a separate set of pixels [Page 13, Lines 0-5], and that the amount or arrangement of pixels is a result effective variable that one of ordinary skill in the art would have been motivated to control to allow for the analysis of different wavelengths [Page 13, Lines 0-5. Note that the Court has held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation; see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to optimize Frisken, such that the two-dimensional arrays include 100 pixels in each direction, in order to allow analysis of different wavelengths.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tumlinsion (US 20140028974 A1) teaches a holoscopy interferometer examination device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAY ALEXANDER DEAN whose telephone number is (571)272-4027. The examiner can normally be reached Monday-Friday 7:30-5:00.
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/RAY ALEXANDER DEAN/ Examiner, Art Unit 2872
/BUMSUK WON/ Supervisory Patent Examiner, Art Unit 2872
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