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 .
Response to Arguments
1. Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive.
The Applicant argues that the art of Morduant would not teach “wherein the visible outline pattern includes one or more pattern elements, each pattern element perceivable as moving along the periphery”. The Applicant describes this perceivable movement being created in the following manner (Page 6 of the Applicant’s specification and Fig 14):
“In some embodiments, the line of the visible outline pattern is perceivable as
moving along the periphery in a direction between a trailing end and a leading end of the line. The line may be a straight line or a curved line; it may change shape during the course of the perceived movement along the periphery, in particular in accordance to a local shape of the periphery along a movement path of the line of the visible outline pattern. The visible outline pattern may include two, three, four or even more separate
pattern elements which are spaced apart from each other, i.e. such that the pattern elements do not overlap each other. The separate pattern elements forming the visual outline pattern may together only cover a portion of the periphery. All pattern elements may be perceivable as moving along the periphery in a common direction at a common perceived speed, or their perceived movement may be in different directions and/or at different speeds.”
The Examiner notes that Fig 9a-11b of Mordaunt show there being a scan pattern wherein the pattern does not overlap, wherein it is spaced apart from one another, and wherein there is a tail end which flows to a leading end (Fig 11A and 11B show how the scan pattern begins at point 1 and continues on to point 56). Based on the Examiners understanding of the Applicant’s specification and drawing, this scan pattern formation is what would cause there to be a pattern element perceivable as moving along the periphery.
Regarding the creation of the beta movement, the Applicant describes in their claims, and on Page 18 of their specification, that the beta movement is created by scanning the beam at only certain portions of the scan path (i.e., not continuous) and at over 50Hz. Par. 0036 and 0049 of Mordaunt teaches that the beam can be scanned without scanning adjacent spots consecutively, and wherein the beam is pulsed, i.e. not continuous. However, Mordaunt does not explicitly teach wherein this pulsing of the laser beam along a scan path can create a beta movement. This is where the Examiner is relies on the art of Rizoiu. While Rizoiu does not disclose an ophthalmic device, they do disclose different laser systems, wherein a pulsed aiming beam can be delivered at a frequency of 50 Hz – which according to the Applicant, would create a beta movement. Therefore, it is shown that pulsing an aiming beam in a laser system at 50 Hz is known in the art and can thus create this beta movement.
The rejections still stand.
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.
2. Claim(s) 1-5, 7-14, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mordaunt (US 20070129775 A1) in view of Rizoiu (US 20080203280 A1).
In regards to claim 1, Mordaunt discloses an apparatus for photothermal ophthalmic treatment (Abstract discloses a system for generating light beams to the eye) comprising:
a treatment light source for producing a treatment beam (Par. 0029 teaches a treatment light source [2] for generating a beam [14]),
a scanning module configured for delivering the treatment beam onto separate treatment locations within a treatment target area on a structure of a subject's eye (Par. 0032 discloses a scanner assembly [52] for scanning the beam into a treatment pattern that has separate locations, see Fig 2-3G) ,
an aiming light source for producing an aiming beam (Par. 0029 discloses an aiming light source [16]),
a control module (Par. 0035);
wherein the scanning module is configured for delivering the aiming beam to create an outline pattern on the structure of the subject's eye (Par. 0032), the visible outline pattern being indicative of a periphery of said treatment target area (Par. 0036 and Fig 2-10 show the pattern being on the periphery of the treatment area), wherein the outline pattern includes one or more pattern elements, each pattern element perceivable as moving along the periphery (The Applicant describes this pattern element as a line having a leading end and a trailing end as shown in their Fig. 14a. Fig 7 of Mordaunt shows the same patterning having a leading end and a trailing end. Having the same structural elements/configuration, in this case pattern, is interpreted as inherently having the same capabilities, i.e. being perceivable as moving along the periphery. See also MPEP 2112);
wherein the scanning module is configured to repeatedly scan the aiming beam along a scan path extending along at least a part of the periphery (Par. 0035 teaches aiming the beam along the scan pattern), and
selectively activate and deactivate the aiming beam so as to illuminate during each scan path, only one or more portions of the scan path along the periphery, the illuminated portions forming the one or more visible pattern elements, and to illuminate respective portions of the scan path along different portions of the periphery during successive scans (Par. 0036 and 0048 teach that the beam is pulsed, i.e. activated and deactivated. Par. 0049 teaches that this pulsing can be done to not scan certain portions of the scan pattern).
Mordaunt does not disclose wherein the pulsed beam is pulsed so as to create a beta movement of the one or visible pattern elements along the periphery
However, in a similar field of endeavor, Rizoiu discloses different laser systems (Abstract and Par. 0003) wherein the systems can comprise a pulsed aiming beam operating at 50Hz (Par. 0086) in order to provide optimal beam output without causing damage while minimizing the flickering effect.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Mordaunt and modified them by having the system provides a pulsed laser operating at 50 Hz, as taught and suggested by Rizoiu, as a known operating pulse frequency for aiming beams in laser surgical devices. According to applicant’s on specification, a pulse repetition rate of 50 Hz will inherently provide the claimed result/effect of creating a beta movement
In regards to claims 2 and 3, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, wherein each of the one or more visible pattern element is a line, shorter than the periphery, and extending along a portion of the periphery, the line having a leading end and a trailing end, displaced from the leading end and wherein the beta movement moves along the periphery in a direction between the trailing end and the leading end (Fig 7 and 9C of Mordaunt).
In regards to claim 4, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 3, wherein the outline pattern includes two or more separate pattern elements which are spaced apart from each other (Applicant teaches that the two separate pattern elements are an outline pattern is formed by one or more separate and spaced apart points as seen in their Fig 14A-E. Fig 9C of Mordaunt shows there being separate pattern points that are spaced apart from one another).
In regards to claim 5, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 3, wherein the beta movement moves along the periphery in a common direction at a common speed (Since Fig 9C of Mordaunt shows the same scan pattern as Fig 14A-E of the Applicant’s drawings, it would meet this perceivable limitation).
In regards to claim 7, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 6, wherein the apparatus is configured: during a first scan of the aiming beam path along a scan path, to selectively activate and deactivate the aiming beam so as to only illuminate a first portion of the one or more portions of scan path, and during a second scan of the aiming beam path along said scan path, subsequent to the first scan, to selectively activate and deactivate the aiming beam so as to only illuminate a second portion of the one or more portions of the scan path, the second portion being displaced relative to the first portion along the direction of the scan path (Par. 0035 of Mordaunt also teaches of an activation device that can activate the application of the aiming pattern, claims 3-5 also teach of first and second scan patterns)
In regards to claim 8, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, comprising a user-interface configured to provide functionality for user-selection of a treatment pattern, the treatment pattern defining relative locations of the plurality of separate treatment locations within a treatment target area and relative to each other (Par. 0035 of Mordaunt discloses a user interface [96] that allows the user to make selections/commands).
In regards to claim 9, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, comprising a user-interface configured to provide functionality for user-selection of one or more attributes of the outline pattern, the one or more attributes including one or more of a speed of the perceived movement of the one or more visible pattern elements, a number of visible pattern elements, a size of the one or more visible pattern elements, a shape of the one or more visible pattern elements (Par. 0035 of Mordaunt discloses a user interface where the user can select the size of the pattern).
In regards to claim 10, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, wherein the outline pattern covers between 20% and 90%, or between 30% and 80% of the periphery (Figs 9B-11C of Mordaunt show the same scan pattern as the Applicants claims pattern, thus meeting these percentage points).
In regards to claim 11, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, configured to select the number of the one or more visible pattern elements of the visible outline pattern responsive to a property of the delivery of the treatment beam (Par. 0047 and Fig 11A-B of Mordaunt show that the pattern elements are numbered).
In regards to claim 12, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 11, wherein the property of the delivery of the treatment beam is a user-selected property (Par. 0035 of Mordaunt teaches the user can make selections/input commands).
In regards to claim 13, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 11, wherein the apparatus is configured to deliver the treatment beam to treatment locations defining a user-selected treatment pattern, and wherein the apparatus is configured to select the number of the one or more visible pattern elements of the outline pattern responsive to the user-selected treatment pattern (Par. 0035 and Fig 11A-B of Mordaunt).
In regards to claim 14, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, wherein the apparatus comprises a slit- lamp and/or a slit-lamp adapter (Par. 0028 of Mordaunt teaches a slit-lamp assembly [3]).
In regards to claim 17, Mordaunt discloses a method for providing a visible aiming pattern on a structure of a subject's eye (Abstract), the method comprising the steps of:
delivering an aiming beam to create a aiming pattern on the structure of the subject's eye (Par. 0029-0030 teaches delivering an aimed beam to create a scan pattern),
the aiming pattern being a outline pattern indicative of a periphery of a treatment target area, wherein the outline pattern includes one or more pattern elements, each pattern element perceivable as moving along the periphery (The Applicant describes this pattern element as a line having a leading end and a trailing end as shown in their Fig. 14a. Fig 7 of Mordaunt shows the same patterning having a leading end and a trailing end. Having the same structural elements/configuration, in this case pattern, is interpreted as inherently having the same capabilities, i.e. being perceivable as moving along the periphery. See also MPEP 2112);
causing an aiming beam path of the aiming beam to repeatedly scan along a scan path extending along the periphery (Par. 0035 teaches aiming the beam along the scan pattern).
selectively activate and deactivate the aiming beam so as to illuminate during each scan path, only one or more portions of the scan path along the periphery, the illuminated portions forming the one or more visible pattern elements, and to illuminate respective portions of the scan path along different portions of the periphery during successive scans (Par. 0036 and 0048 teach that the beam is pulsed, i.e. activated and deactivated. Par. 0049 teaches that this pulsing can be done to not scan certain portions of the scan pattern).
Mordaunt does not disclose wherein the pulsed beam is pulsed so as to create a beta movement of the one or visible pattern elements along the periphery
However, in a similar field of endeavor, Rizoiu discloses different laser systems (Abstract and Par. 0003) wherein the systems can comprise a pulsed aiming beam operating at 50Hz (Par. 0086) in order to provide optimal beam output without causing damage while minimizing the flickering effect.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Mordaunt and modified them by having the system provides a pulsed laser operating at 50 Hz, as taught and suggested by Rizoiu, in order to provide optimal beam output without causing damage while minimizing the flickering effect.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Mordaunt and modified them by having the system provides a pulsed laser operating at 50 Hz, as taught and suggested by Telfair, in order to provide optimal beam output without causing damage (Par. 0015 of Telfair).
In regards to claim 20, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, wherein the scanning module is configured to repeatedly scan the aiming beam along the scan path at a scanning rate of at least 40 Hz (Par. 0086 of Rizoiu).
3. Claim(s) 15-16 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mordaunt and Rizoiu and in view of Wiltberger (US 20070147730 A1)
In regards to claims 15 and 16, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, except for wherein the apparatus comprises a head-mounted device and wherein the apparatus comprises a surgical microscope configured for use in an operating room or an adapter for a surgical microscope configured for use in an operating room.
However, in the same field of endeavor, Wiltberger teaches a system for treating eye tissue (Abstract and Par. 0005) wherein the laser delivery device is head mounted and comprises a microscope (Par. 0007 and 0009) in order to allow easy illumination and microscopic viewing of the eye of a seated patient.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Mordaunt and Rizoiu and modified them by having the device comprise a head mounted system and a microscope, as taught and suggested by Wiltberger, in order to allow easy illumination and microscopic viewing of the eye of a seated patient.
In regards to claims 18-19, the combined teachings of Mordaunt and Rizoiu disclose the apparatus according to claim 1, wherein the control module is configured to selectively and repeatedly activate and deactivate the aiming beam by selectively blocking the aiming laser beam during a part of each scan, wherein it comprises a shutter and wherein the control module is configured to employ the shutter to selectively and repeatedly activate and deactivate the aiming beam by selectively turning the aiming light source on and off.
However, in the same field of endeavor, Wiltberger teaches a system for treating eye tissue (Abstract and Par. 0005) wherein the laser delivery device comprises a shutter/beam blocking mechanism (Par. 0005 and 0013-0015) in order to target select portions of the eye (Par. 0035).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Mordaunt and Rizoiu and modified them by having the device comprise a shutter/light blocking portion, as taught and suggested by Wiltberger, in order to target select portions of the eye (Par. 0035 of Wiltberger).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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