DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Continued Examination Under 37 CFR 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 18 December 2025 has been entered.
Status of Claims
3. Claims 1-7 and 10-20 are pending, of which claims 1, 16, and 19 have been amended; claims 8-9 have been cancelled; and claims 1-7 and 10-20 are under consideration for patentability.
Response to Arguments
4. Applicant’s arguments dated 20 October 2025, referred to herein “as the Arguments”, have been fully considered, but they are not persuasive in view of the new grounds of rejection necessitated by Applicant’s amendments to the claims.
The Examiner has addressed the amended limitations within the updated text below.
Applicant argues that none of the prior art references teach the amended limitation which recites the use of an aiming beam to illuminate the target, identifying characteristics of the target based on the aiming beam, and then selecting a first or second laser source based on the characteristics as claimed. The Examiner respectfully disagrees, as Chia teaches a secondary laser probe 118 and a stone analyzer 170 which are both used to obtain one or more characteristics of the targeted stone 120 ([0034, 0058-0059]). For example, the secondary laser probe 118 may aim or direct a laser beam at the targeted stone 120 ([0034, 0058-0059]). Furthermore, the stone analyzer 170 comprises a laser Doppler vibrometer 182 and a spectrometer 184 which are used to measure the reflected light from the targeted stone 120 to extract or identify various characteristics of the stone 120 (e.g., identifying the type of stone or the vibration frequency of the stone) ([0058-0059]). Specifically, the controller 122 is configured to adjust or control the mapping 172 of the laser energy settings based on the characteristics of the stone 120 which are received from the stone analyzer 170 ([0058-0059]). In this case, the controller 122 may use the laser energy settings to control the laser generator 102 and its one or more laser sources (e.g., first laser source 140A or second laser source 140B) to generate the laser energy 104 which is delivered through the first laser probe 108 to treat the targeted stone 120 [0013, 0053-0054, 0058-0059, FIG. 2]). Thus, the Examiner respectfully maintains that Chia teaches an aiming beam to illuminate the target, identifying characteristics of the target based on the aiming beam, and then selecting a first or second laser source based on the characteristics.
Claim Rejections - 35 USC § 102
5. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
6. Claim(s) 1-2, 4, 7, 13-14, 16, and 19 are rejected under 35 U.S.C. 102 (a) (1) and (a) (2) as being anticipated by Chia et al. (US 2015/0289937 A1).
Regarding claim 1, Chia teaches a laser system (surgical laser system 100 comprises a laser generator 102 [abstract, 0011, 0031]), comprising:
a first laser configured to generate a first laser light (the laser generator 102 comprises a first laser source 140a that is configured deliver the first laser pulses 146 through the first laser probe 108 and onto the targeted stone 120 [0011, 0040, 0042, 0047]), wherein the first laser light includes a first wavelength (the first laser pulses 146 includes a first wavelength [0011-0012, 0042]);
a second laser configured to generate a second laser light (the laser generator 102 comprises a second laser source 140b that is configured to deliver the second laser pulses 150 through the first laser probe 108 and onto the targeted stone 120 [0011, 0040, 0042, 0047]), wherein the second laser light includes a second wavelength different from the first wavelength (the second laser pulses 150 includes a second wavelength [0011-0012, 0042]. Specifically, the second wavelength of the second laser pulses 150 is different from the first wavelength of the first laser pulses 146 [0012, 0042]);
an aiming beam generator configured to generate an aiming beam (the laser generator 102 may comprises one or more laser generators coupled to a secondary laser aiming probe 118 that is configured to aim or direct a laser beam at the targeted stone 120 [0032, 0034, 0058-0059]. Specifically, the secondary laser aiming probe 118 may be used to obtain one or more characteristics of the targeted stone 120 [0034, 0058-0059]);
a laser fiber operatively coupled to each of the aiming beam, first laser, and the second laser, the laser fiber configured to emit any one of the aiming beam, the first laser light, or the second laser light at a target site (the laser sources (e.g., first laser source 140a and the second laser source 140b) of the laser generator 102 may include a waveguide 106 (e.g., optical fiber) that is configured deliver the laser energy (e.g., first laser pulses 146 and the second laser pulses 150) through the first laser probe 108 and onto the targeted stone 120 [0011, 0015, 0031, 0040, 0047, FIGS. 1-2]. Furthermore, the waveguide 106 (e.g., optical fiber) of the laser generator 102 may be direct a laser beam through the secondary laser aiming probe 118 and onto the targeted stone 120 [0031, 0058-0059, FIGS. 1-2]);
a detector (the stone analyzer 170 [0055, 0058-0059]) configured to receive as feedback, light reflected by the target site responsive to incidence of the aiming beam on the target site (the secondary laser aiming probe 118 and the stone analyzer 170 are both used to obtain one or more characteristics of the targeted stone 120 [0034, 0058-0059]. For example, the secondary laser aiming probe 118 may aim or direct a laser beam at the targeted stone 120 [0034, 0058-0059]. Furthermore, the stone analyzer 170 comprises a laser Doppler vibrometer 182 and a spectrometer 184 which are used to measure the reflected light from the targeted stone 120 to extract or identify various characteristics of the stone 120 (e.g., identifying the type of stone or the vibration frequency of the stone) [0058-0059]); and
a controller configured to determine characteristics of the target site based on the feedback and to selectively activate the first laser light or the second laser light based on characteristics of the target site (the controller 122 is configured to adjust or control the mapping 172 of the laser energy settings based on the characteristics of the stone 120 which are received from the stone analyzer 170 ([0058-0059]). In this case, the controller 122 may use the laser energy settings to control the laser generator 102 and its one or more laser sources (e.g., first laser source 140A or second laser source 140B) to generate the laser energy 104 which is delivered through the first laser probe 108 to treat the stone 120 [0013, 0053-0054, 0058-0059, FIG. 2]).
Regarding claim 2, Chia teaches wherein the first laser light and the second laser light are emitted from the laser fiber based on a target tissue at the target site (the laser sources (e.g., first laser source 140a and the second laser source 140b) of the laser generator 102 may include a waveguide (e.g., optical fiber) to direct the laser energy through the laser probe 108 [0011, 0015, 0031, 0040]. Specifically, the laser energy (e.g., first laser pulses 146 and the second laser pulses 150) may be delivered to a kidney or bladder stone [0015]).
Regarding claim 4, Chia teaches a third laser configured to generate a third laser light (the laser generator 102 may include two or more laser sources that are configured to generate the laser pulses 162 and 164 [0039, 0044-0045, 0047, 0050]. Specifically, the laser pulses 162 may comprise a combination of the first laser pulses 146 and the second laser pulses 150 which have different wavelengths [0042, 0047]. Thus, the laser pulses 164 is interpreted as the third laser pulses [0047-0048, 0050]), wherein the third laser light includes a third wavelength different from the first wavelength and the second wavelength (the wavelength of the third laser pulses 164 is different from the wavelength of the laser pulses 162 [0047-0048, 0053]. As stated previously above, the laser pulses 162 may comprise a combination of the first laser pulses 146 and the second laser pulses 150 which have different wavelengths [0042, 0047]. Alternatively, the controller 122 may use the laser energy settings 126 to set different light parameters (e.g., wavelength) for each of the laser sources [0053]).
Regarding claim 7, Chia teaches a detector configured to detect a target tissue type based on an image (the stone analyzer comprises an imager 174 configured to output an image of the targeted stone [0014]).
Regarding claim 13, Chia teaches at least one actuator (the shutter mechanisms 128 [0036]), wherein actuation of the at least one actuator is configured to activate at least one of the first laser or the second laser (the controller 122 is configured to control one or more shutter mechanisms 128 [0036]. Furthermore, the shutter mechanisms 128 may control the discharge of the laser energy to the waveguide 106 (e.g., optical fiber) [0031, 0036]. Specifically, the laser sources (e.g., first laser source 140a and the second laser source 140b) of the laser generator 102 may include the waveguide 106 (e.g., optical fiber) to direct the laser energy through the laser probe 108 [0011, 0015, 0031, 0036, 0040]).
Regarding claim 14, Chia teaches wherein the laser fiber is only one laser fiber coupled to a single output of the laser system (the laser sources (e.g., first laser source 140a and the second laser source 140b) of the laser generator 102 may include the waveguide 106 (e.g., optical fiber) to direct the laser energy through the laser probe 108 [0011, 0015, 0031, 0040]).
Regarding claim 16, Chia teaches a method for performing a medical procedure using a laser system (the surgical laser system 100 comprises a laser generator 102 [0001, 0011, 0031]), the method comprising:
illuminating a target site, via an optical fiber, with an aiming beam (the waveguide 106 (e.g., optical fiber) of the laser generator 102 may direct a laser beam through the secondary laser aiming probe 118 and onto the targeted stone 120 [0031, 0058-0059, FIGS. 1-2]);
receiving, as feedback at a detector (stone analyzer 170 [0055, 0058-0059, FIG. 1]) via the optical fiber, light reflected by the target site responsive to incidence of the aiming beam on the target site (the secondary laser probe 118 and the stone analyzer 170 are both used to obtain one or more characteristics of the targeted stone 120 [0034, 0058-0059]. For example, the waveguide 106 is configured to direct a laser beam through the secondary laser aiming probe 118 and onto the targeted stone 120 [0031, 0034, 0058-0059, FIGS. 1-2]. Furthermore, the stone analyzer 170 comprises a laser Doppler vibrometer 182 and a spectrometer 184 which are used to measure the reflected light from the targeted stone 120 to extract or identify various characteristics of the stone 120 (e.g., identifying the type of stone or the vibration frequency of the stone) [0058-0059]);
determining, by a controller of the laser system, characteristics of the target site based on the feedback; selecting, by the controller based on the characteristics, a first laser or a second laser of the laser system (the controller 122 is configured to adjust or control the mapping 172 of the laser energy settings based on the characteristics of the stone 120 which are received from the stone analyzer 170 ([0058-0059]). In this case, the controller 122 may use the laser energy settings to control the laser generator 102 and its one or more laser sources (e.g., first laser source 140A or second laser source 140B) to generate the laser energy 104 which is delivered through the first laser probe 108 to treat the stone 120 [0013, 0053-0054, 0058-0059, FIG. 2]); and
generating a first laser energy having a first wavelength from the first laser (the first laser source 140A is configured to generate the first pulses 146 having a first wavelength [0015, 0042, 0053]) or a second laser energy having a second wavelength from the second laser (the second laser source 140B is configured to generate the second pulses 150 having a second wavelength [0015, 0042, 0053]) based on the selection of the first laser or the second laser (the laser energy settings 126 may control the laser generator 102 and its one or more laser sources (e.g., first laser source 140A and/or second laser source 140B) to generate the laser energy 104 [0053, 0064-0065]), wherein the first wavelength is different from the second wavelength (the second wavelength of the second laser pulses 150 is different from the first wavelength of the first laser pulses 146 [0012, 0042]).
Regarding claim 19, Chia teaches a method for performing a medical procedure using a laser system (the surgical laser system 100 comprises a laser generator 102 [0001, 0011, 0031]), the laser system comprising:
a detector (the stone analyzer 170 [0055, 0058-0059]);
a controller (the controller 122 [0013, 0058-0059]);
an aiming beam source configured to generate an aiming beam (the laser generator 102 may comprises one or more laser generators coupled to a secondary laser aiming probe 118 that is configured to aim or direct a laser beam at the targeted stone 120 [0032, 0034, 0058-0059]. Specifically, the secondary laser aiming probe 118 may be used to obtain one or more characteristics of the targeted stone 120 [0034, 0058-0059]);
a first laser configured to generate a first laser energy having a first wavelength (the laser generator 102 comprises a first laser source 140a that is configured generate the first laser pulses 146 [0011, 0040, 0042]. Specifically, the first laser pulses 146 includes a first wavelength [0015, 0042, 0053]);
a second laser configured to generate a second laser energy having a second wavelength (the laser generator 102 comprises a second laser source 140b that is configured to generate the second laser pulses 150 [0011, 0040, 0042]. Specifically, the second laser pulses include a second wavelength [0015, 0042, 0053]);
a third laser configured to generate a third laser energy having a third wavelength (the laser generator 102 may include two or more laser sources that are configured to generate the laser pulses 162 and 164 at different wavelengths [0039, 0047-0048, 0050]. Specifically, the laser pulses 162 may comprise a combination of the first laser pulses 146 and the second laser pulses 150 which have different wavelengths [0042, 0047]. Thus, the laser pulses 164 is interpreted as the third laser pulses [0047-0048, 0050]);
wherein the first, second, and third wavelengths are each different (the wavelength of the third laser pulses 164 is different from the wavelength of the laser pulses 162 [0047-0048, 0053]. As stated previously above, the laser pulses 162 may comprise a combination of the first laser pulses 146 and the second laser pulses 150 which have different wavelengths [0042, 0047]. Alternatively, the controller 122 may use the laser energy settings 126 to set different light parameters (e.g., wavelength) for each of the laser sources [0053]);
a laser fiber (the waveguide 106 (e.g., optical fiber) [0031]) optically coupled to the aiming beam source, the first layer, and the second laser (the laser sources (e.g., first laser source 140a and the second laser source 140b) of the laser generator 102 may include a waveguide 106 (e.g., optical fiber) that is configured deliver the laser energy (e.g., first laser pulses 146 and the second laser pulses 150) through the first laser probe 108 and onto the targeted stone 120 [0011, 0015, 0031, 0040, 0047, FIGS. 1-2]. Furthermore, the waveguide 106 (e.g., optical fiber) of the laser generator 102 may be direct a laser beam through the secondary laser aiming probe 118 and onto the targeted stone 120 [0031, 0058-0059, FIGS. 1-2]), wherein the method comprises:
generating the aiming beam, illuminating, via the laser fiber, a treatment site with the aiming beam (the waveguide 106 (e.g., optical fiber) of the laser generator 102 may direct a laser beam through the secondary laser aiming probe 118 and onto the targeted stone 120 [0031, 0058-0059, FIGS. 1-2]);
receiving, as feedback at the detector via the laser fiber, light reflected by the target site responsive to incidence of the aiming beam on the target site (the secondary laser probe 118 and the stone analyzer 170 are both used to obtain one or more characteristics of the targeted stone 120 [0034, 0058-0059]. For example, the waveguide 106 is configured to direct a laser beam through the secondary laser aiming probe 118 and onto the targeted stone 120 [0031, 0034, 0058-0059, FIGS. 1-2]. Furthermore, the stone analyzer 170 comprises a laser Doppler vibrometer 182 and a spectrometer 184 which are used to measure the reflected light from the targeted stone 120 to extract or identify various characteristics of the stone 120 (e.g., identifying the type of stone or the vibration frequency of the stone) [0058-0059]);
determining, by the controller, characteristics of the target site based on the feedback, and selecting by the controller based on the characteristics, the first laser, the second laser, or the third laser (the controller 122 is configured to adjust or control the mapping 172 of the laser energy settings based on the characteristics of the stone 120 which are received from the stone analyzer 170 ([0058-0059]). In this case, the controller 122 may use the laser energy settings to control the laser generator 102 and its one or more laser sources (e.g., first laser source 140A or second laser source 140B) to generate the laser energy 104 which is delivered through the first laser probe 108 to treat the stone 120 [0013, 0053-0054, 0058-0059, FIG. 2]);
generating, based on the selection, the first laser energy having the first wavelength, the second laser energy having the second wavelength, or the third laser energy having the third wavelength (the wavelength of the third laser pulses 164 is different from the wavelength of the laser pulses 162 [0047-0048, 0053]. As stated previously above, the laser pulses 162 may comprise a combination of the first laser pulses 146 and the second laser pulses 150 which have different wavelengths [0042, 0047]. Alternatively, the controller 122 may use the laser energy settings 126 to set different light parameters (e.g., wavelength) for each of the laser sources [0053]);
delivering the first laser energy, the second laser energy, or the third laser energy to the target site through the laser fiber (as stated previously above, the laser energy settings 126 may control the laser generator 102 and its one or more laser sources (e.g., first laser source 140A and/or second laser source 140B) to generate the laser energy 104 [0053, 0064-0065]. Furthermore, the laser sources (e.g., first laser source 140a and the second laser source 140b) of the laser generator 102 may include the waveguide 106 (e.g., optical fiber) to direct the laser energy through the laser probe 108 and onto the target tissue (e.g., kidney stone) [0011, 0015, 0031, 0040]).
Claim Rejections - 35 USC § 103
7. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
8. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chia et al. in view of Bukesov et al. (US 2021/0044079 A1) and Yeik (US 2004/0151217 A1).
Regarding claim 3, Chia teaches the laser system according to claim 1, wherein second laser includes a YAG laser rod doped with Thulium ([0032])
Chia does not explicitly teach wherein the first laser includes a Thulium-doped fiber, and wherein the second laser includes a YAG laser rod co-doped with Holmium and Thulium.
The prior art by Bukesov is analogous to Chia, as they both teach laser systems that are configured to treat a kidney or bladder stone ([0058-0059, 0061]).
Bukesov teaches wherein the first laser includes a Thulium-doped fiber (thulium fiber laser [0070, table 1]).
The prior art by Yeik is analogous to Chia, as they both teach laser systems that are configured to treat a kidney or bladder stone ([0013, 0091]).
Yeik teaches wherein the second laser includes a YAG laser rod co-doped with Holmium and Thulium (the pulsed laser may comprise a thulium holmium: yttrium aluminum garnet (TmHo:YAG) [0008, 0016, 0041]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Chia’s first laser to include a Thulium-doped fiber, as taught by Bukesov. The advantage of such modification will allow for emitting an infrared laser which can ablate and carbonize the tissue (see paragraphs [0070, 0099] and [table 1] by Bukesov). Furthermore, it would have been obvious to a person having ordinary skill in the art to modify Chia’s second laser to include a YAG laser rod co-doped with Holmium and Thulium, as taught by Yeik. The advantage of such modification will provide the laser with a relatively long emission and energy storage lifetime (see paragraphs [0008, 0016, 0041] by Yeik).
9. Claim 5, 10, 12, 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chia et al. in view of Bukesov et al.
Regarding claim 5, Chia teaches the laser system according to claim 4. Chia does not explicitly teach wherein the third laser includes a Thulium-doped fiber.
The prior art by Bukesov is analogous to Chia, as they both teach laser systems that are configured to treat a kidney or bladder stone ([0058-0059, 0061]).
Bukesov teaches wherein the third laser includes a Thulium-doped fiber (thulium fiber laser [0070, table 1]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Chia’s third laser to include a Thulium-doped fiber, as taught by Bukesov. The advantage of such modification will allow for emitting an infrared laser which can ablate and carbonize the tissue (see paragraphs [0070, 0099] and [table 1] by Bukesov).
Regarding claim 10, Chia teaches the laser system according to claim 1. Chia does not explicitly teach wherein the controller is further configured to output the first laser light or the second laser light based on a continuous feedback or a periodic feedback of the target tissue type.
However, Bukesov teaches wherein the controller is configured to output the first laser light or the second laser light based on a continuous feedback or a periodic feedback of the target tissue type (the laser feedback control system 100 comprises a first laser system 102 having a first laser source 106 [0021, 0066-0067]. Furthermore, first laser source 106 is configured to output a first wavelength range that corresponds to the absorption spectrum of the target tissue or stone [0021, 0069, 0072-0073]. Specifically, the laser feedback control system 100 utilizes a feedback analyzer 140 to control the first laser source 106 based on the absorption spectrum of the target tissue or stone [0067, 0069, 0073, 0076-0077]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Chia’s controller to output the first laser light or the second laser light based on a continuous feedback or a periodic feedback of the target tissue type, as taught by Bukesov. This modification is beneficial, as the feedback control system may control the laser source based on the absorption spectrum of the target tissue or stone (see paragraphs [0067, 0069, 0073, 0076-0077] by Bukesov).
Regarding claim 12, Chia teaches wherein the second laser includes a YAG laser rod doped with Holmium (holmium doped yttrium aluminum garnet (Ho:YAG) laser rod [0032]). Meanwhile, Bukesov teaches wherein the first laser includes a Thulium-doped fiber (thulium fiber laser [0070, table 1]).
Regarding claim 17, Chia teaches the method according to claim 16, wherein the first wavelength and the second wavelength may include a wavelength in the range of 300-20000 nm (the first pulses 146 and the second pulses 150 may have different wavelengths in the range of 300-20000 nm [0042]).
Chia does not explicitly teach wherein the first wavelength is approximately 1940 nm and the second wavelength is approximately 2010 nm.
However, Applicant’s claimed wavelengths of approximately 1940 nm and 2010 nm lies entirely within Chia’s wavelength range of 300-20000 nm ([0042]). Therefore, a prima facie case of obviousness exists. Based on the overlapping range, a person having ordinary skill in the art would have found it obvious to use a first wavelength of approximately 1940 nm and a second wavelength of approximately 2010 nm (MPEP 2144.05). The advantage of such modification may enhance the fragmentation of a kidney or bladder stone (see paragraphs [0039, 0042, 0045, 0052] by Chia).
Chia does not explicitly teach wherein the first characteristic of the target tissue includes a peak optical absorption of the target tissue.
The prior art by Bukesov is analogous to Chia, as they both teach laser systems that are configured to treat a kidney or bladder stone ([0058-0059, 0061]).
Bukesov teaches wherein the first characteristic of the target tissue includes a peak optical absorption of the target tissue (the laser feedback control system 100 comprises a first laser system 102 having a first laser source 106 [0021, 0066-0067]. Furthermore, first laser source 106 is configured to output a first wavelength range that corresponds to the absorption spectrum of the target tissue or stone [0021, 0069, 0072-0073]. Specifically, the laser feedback control system 100 utilizes a feedback analyzer 140 to control the first laser source 106 based on the absorption spectrum of the target tissue or stone [0067, 0069, 0073, 0076-0077]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Chia’s controller to determine a peak optical absorption of the target tissue, as taught by Bukesov. The advantage of such modification will allow for adjusting the laser source based on the peak optical absorption to enhance the treatment of calculi (e.g., kidney or gallbladder stone) within the tissue (see paragraphs [0058, 0075-0077] by Bukesov).
Regarding claim 18, Bukesov teaches determining a second characteristic of the target tissue after generating at least one of the first laser and the second laser (the feedback analyzer 140 is configured to determine the property signals (e.g., first signal and second signal) that are indicative of tissue’s characteristic (e.g., reflectivity and/or absorption index) after receiving the therapeutic treatment from the first laser system 102 [0077, 0087-0088]); and
generating the other of the first laser energy if a value of the second characteristic is different from a value of the first characteristic (the laser controller 160 is configured to compare the determined property signals to the preset characteristic value [0087-0088]. For example, one of the property signals (e.g., second signal) may be compared to the preset characteristic value to determine a satisfactory or unsatisfactory therapeutic effect [0088]. Specifically, the first laser system 102 may deliver the laser energy at an optimal setting to achieve the adequate ablation or satisfactory therapeutic effect [0088-0089]).
Regarding claim 20, Chia teaches the method according to claim 19. Chia does not explicitly teach wherein the characteristic includes a peak optical absorption of the target tissue, the method further comprising:
selecting a different one of the first laser energy, the second laser energy, or the third laser energy when a value of the peak optical absorption changes; and
delivering the first laser energy, the second laser energy, or the third laser energy through the fiber based on the different selection.
The prior art by Bukesov is analogous to Chia, as they both teach laser systems that are configured to treat a kidney or bladder stone ([0058-0059, 0061]).
Bukesov teaches wherein the characteristic includes a peak optical absorption of the target tissue (the laser feedback control system 100 utilizes a feedback analyzer 140 to determine the absorption spectrum of the target tissue or stone [0067, 0069, 0073, 0076-0077]), the method further comprising:
selecting a different one of the first laser energy, the second laser energy, or the third laser energy when a value of the peak optical absorption changes (the laser feedback control system 100 comprises a first laser system 102 having a first laser source 106 and a second laser system 104 having a second laser source 116 [0021, 0066-0067, 0071]. Specifically, the first laser source 106 is configured to output a first wavelength range that corresponds to the changes in the absorption spectrum of the target tissue or stone [0021, 0069]. Furthermore, the laser feedback control system 100 utilizes a feedback analyzer 140 to control the first laser source 106 based on the absorption spectrum of the target tissue or stone [0067, 0069, 0073, 0076-0077]); and
delivering the first laser energy, the second laser energy, or the third laser energy through the fiber based on the different selection (the first laser source 106 is configured to deliver the laser energy through an optical fiber 108 towards the target tissue [0021, 0066-0067]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Chia’s controller to select a different laser energy when the peak optical absorption of the target tissue changes, as taught by Bukesov. The advantage of such modification will allow for adjusting the laser source based on the peak optical absorption to enhance the treatment of calculi (e.g., kidney or gallbladder stone) within the tissue (see paragraphs [0058, 0075-0077] by Bukesov).
10. Claims 6 and 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chia et al.
Regarding claim 6, Chia teaches the laser system according to claim 4, wherein the third wavelength ranges from 400 nm to 11000 nm (as stated previously in claim 4, the laser generator 102 may include two or more laser sources [0039, 0044-0045, 0047, 0050]. Specifically, the controller 122 may use the laser energy settings 126 to set similar or different light parameters (e.g., wavelength) for each of the laser sources [0053]. For example, the controller 122 may program the third laser source to deliver a light at a wavelength ranging from 400-11000 nm [0042, 0047-0048, 0053]).
Chia does not explicitly teach wherein the third wavelength is approximately 2120 nm.
However, Applicant’s claimed wavelength of 2120 nm lies entirely within Chia’s wavelength range of 400 nm to 11000 nm ([0039, 0042, 0053]). Therefore, a prima facie case of obviousness exists. Based on the overlapping range, a person having ordinary skill in the art would have found it obvious to use a third wavelength of approximately 2120 nm (MPEP 2144.05). The advantage of such modification may enhance the fragmentation of a kidney or bladder stone (see paragraphs [0039, 0042, 0045, 0052] by Chia).
Regarding claim 15, Chia teaches the laser system according to claim 1, wherein the first wavelength and the second wavelength may include a wavelength in the range of 300-20000 nm (the first pulses 146 and the second pulses 150 may have different wavelengths in the range of 300-20000 nm [0042]).
Chia does not explicitly teach wherein the first wavelength is approximately 1940 nm and the second wavelength is approximately 2120 nm.
However, Applicant’s claimed wavelengths of approximately 1940 nm and 2120 nm lies entirely within Chia’s wavelength range of 300-20000 nm ([0042]). Therefore, a prima facie case of obviousness exists. Based on the overlapping range, a person having ordinary skill in the art would have found it obvious to use a first wavelength of approximately 1940 nm and a second wavelength of approximately 2120 nm (MPEP 2144.05). The advantage of such modification may enhance the fragmentation of a kidney or bladder stone (see paragraphs [0039, 0042, 0045, 0052] by Chia).
11. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chia et al. in view of Yu et al. (US 2020/0222118 A1).
Regarding claim 11, Chia teaches the laser system according to claim 1. Chia does not explicitly teach a rotating mirror configured to receive the first laser light from the first laser and the second laser light from the second laser and direct at least one of the first laser light or the second laser toward an output of the laser system.
The prior art by Yu is analogous to Chia, as they both teach a laser system that is configured to treat kidney stones ([abstract, 0002-0003]).
Yu teaches a rotating mirror configured to receive the first laser light from the first laser and the second laser light from the second laser and direct at least one of the first laser light or the second laser toward an output of the laser system (the output laser beam emitted from the plurality of lasers or cavities 10a-10d properly reflects off each of the mirrors 20a-20d and are coupled through the coupling lens 70 into the output fiber 80 [0033-0034]. Specifically, the mirrors 20a-20d may be rotated in a horizontal and vertical direction [0048]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Chia’s laser system to include a rotating mirror configured to receive the first laser light and the second laser light and direct the first laser light and the second laser light toward an output of the laser system, as taught by Yu. The advantage of such modification will ensure proper output and avoid damage to the medical laser. Furthermore, this modification will help prevent damage to the user and/or patient (see paragraphs [0033-0034, 0048] by Yu).
Statement on Communication via Internet
12. Communications via Internet email are at the discretion of the applicant. All Internet communications between USPTO employees and applicants must be made using USPTO tools.
Without a written authorization by applicant in place, the USPTO will not respond via Internet email to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. A paper copy of such correspondence and response will be placed in the appropriate patent application. Except for correspondence that only sets up an interview time, all correspondence between the Office and the applicant including applicant's representative must be placed in the appropriate patent application. If an email contains any information beyond scheduling an interview such as an interview agenda or authorization, it must be placed in the application.
For those applications where applicant wishes to communicate with the examiner via Internet communications, e.g., email or video conferencing tools, the following is a sample authorization form which may be used by applicant:
"Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file."
Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA BRENDON SOLOMON whose telephone number is (571)270-7208. The examiner can normally be reached on 7:30am -4:30pm.
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/JOSHUA BRENDON SOLOMON/Examiner, Art Unit 3792