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
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/05/2026 has been entered.
Response to Arguments
2. Applicant’s arguments, filed 05/11/2026, with respect to the rejection(s) of the claim(s) under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Raksi (US 20090177189 A1).
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.
3. Claim(s) 1-7,9-18 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Qaisi (US 20210186753 A1) in view of Semac (US 20160270656 A1) and in further view of Raksi (US 20090177189 A1).
In regards to claims 1 and 15, Al-Qaisi teaches an ophthalmic laser system (Abstract), comprising:
a laser device configured to direct a plurality of laser pulses towards a target within an eye (Par. 0053 teaches applying laser pulses at a target), an axis of the eye defining a z-axis, the z-axis defining an xy-plane orthogonal to the z-axis, the xy-plane defining a target xy-plane where the target is located, the target having a dimension in the target xy-plane (Par. 0056 teach the pulses being applied at different planes to reach the target), the laser device comprising:
a laser configured to generate a laser beam (Par. 0055 teaches a laser system [341] emitting a laser beam [342]); and
an ophthalmic microscope configured to gather light reflected from within the eye to yield an image of the eye (Par. 0027 teaches the system having a visualization system with microscopes to image the eye and); and
a controller (Par. 0049) configured to: instruct the laser device to direct the plurality of laser pulses towards the target to yield the pulse pattern of laser pulses (Par. 0049 teaches the system comprise a laser control device [143] to control the beam).
While Al-Qaisi teaches using spatial light modulators, i.e. multiplexors, they do not explicitly teach that these are used to direct the laser beam (but rather used to direct the light beam). However, in the same field of endeavor, Samec teaches a laser system used to target the eye (Par. 2007) wherein spatial light modulators are employed (Par. 2007) in order to steer the laser beam and/or to vary the depth at which the beam is focused within the user's eye.
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 Al-Qaisi and modified them by having SLMs direct the laser beams, as taught and suggested by Semac, in order to steer the beam and/or to vary the depth at which the beam is focused within the user's eye (Par. 2007 of Semac).
While the combined teachings of Al-Qaisi and Semac teach directing the beam via a multiplexor to the eye, they do not disclose wherein a first pulse pattern and a second pulse pattern are yielded, the first pulse pattern having a first coverage corresponding to a spatial dimension of the pulse pattern (which can be greater or lesser than the second coverage) and a first density that are different than a second coverage and a second density of the second pulse pattern, the pulse pattern further having a density corresponding to a number of pulses distributed within the spatial dimension.
However, in the same field of endeavor, Raksi teaches a laser surgical system for tissue fragmentation in ophthalmic surgery (Abstract) wherein the laser can be scanned in different spatial patterns (i.e. first and second patterns in different spatial locations) based on an algorithm (Par. 0055) and wherein the patterns can have a varying number of pulses (Par. 0075-0077 and Table 1) in order to provide the correct amount of laser energy for the given treatment volume and scan path (Par. 0077).
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 Al-Qaisi and Semac and modified them by having the system use differing pulse patterns in different spatial locations as well as different pulse numbers, as taught and suggested by Raksi, in order to provide the correct amount of laser energy for the given treatment volume and scan path (Par. 0077 od Raksi)
In regards to claim 2, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 1, the target comprising an eye floater (Abstract and Par. 0001 of Al-Qaisi).
In regards to claims 3 and 4, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 1, the one or more laser beam multiplexers comprising: a first multiplexer configured to yield a first pulse pattern; and a second multiplexer configured to yield the second pulse pattern and a controller to choose between the first and second multiplexor (Par. 1944-1955 or Semac teach having multiple SLMs inside of the scanning device and that the scanning device can produce different scan patterns (see claim 1 rejection) and Par. 0055 of Raksi teaches a first and second pulse pattern (see claim 1 rejection). Al-Qaisi teaches using a controller to control the system, therefore it would be capable of picking between the SLMs).
In regards to claims 5 and 6, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 3: the first pulse pattern providing coverage and density and the second pulse pattern providing larger coverage than the first pattern and having a larger density than the first pattern (Par. 0054 of Raksi teaches there a higher density in certain embodiments)
In regards to claim 7, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 1, the one or more laser beam multiplexers comprising a spatial light modulator (Par. 1944-1955 of Semac teach a having multiple SLMs inside of the scanning device (see claim 1 rejection)).
In regards to claims 9 and 10, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 7: the first pulse pattern providing first coverage and density; and the second pulse pattern providing larger coverage and the second pulse pattern providing denser coverage ((Par. 0055 of Raksi – see claim 1 rejection above)
In regards to claim 11, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 1, the controller further configured to determine the dimension of the target from user input (Par. 0047 of Al-Qaisi teaches determining the depth of the opacity/floater; i.e. the dimension).
In regards to claim 12, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 1, the controller further configured to determine the dimension of the target by performing image processing on the image of the eye to measure the dimension (Par. 0047 of Al-Qaisi teaches taking several depth scans to determine the dimension of the opacity).
In regards to claim 13, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 1, the controller further configured to: select the pulse pattern of laser pulses in accordance with the dimension of the target (Par. 0047, 0056, and Claim 1 of Al-Qaisi teach taking the depth scans of the opacity and then applying the laser beam based on these scans/based on the dimension of the opacity).
In regards to claim 14, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim I, a laser beam multiplexer of the one or more laser beam multiplexers comprising one of the following: a diffractive optical element (DOE), a diffraction grating, a holographic optical element (HOE), an interferometer, a spatial light modulator (SLM), a polarization multiplexer, or any combination of the preceding (Par. 0056 of Al-Qaisi teaches using a spatial light modulator (SLM)).
In regards to claims 16-18, the combined teachings of Al-Qaisi, Semac, and Raksi teach the method of Claim 15, the one or more laser beam multiplexers comprising: a first multiplexer configured to yield a first pulse pattern; and a second multiplexer configured to yield a second pulse pattern and instructing, by the controller, the laser device to use the first multiplexer or the second multiplexer. (Par. 1944-1955 or Semac teach having multiple SLMs – see claim 1/15 rejection. Par. 0055 of Raksi teaches having different pulse patterns – see claim 1/15 rejection above). Al-Qaisi teaches using a controller to control the system, therefore it would be capable of picking between the SLMs).
In regards to claim 20, Al-Qaisi teaches an ophthalmic laser system (Abstract), comprising:
a laser device configured to direct a plurality of laser pulses towards a target within an eye (Par. 0055), the target comprising an eye floater (Par. 0001), an axis of the eye defining a z-axis, the z-axis defining an xy- plane orthogonal to the z-axis, the xy-plane defining a target xy-plane where the target is located, the target having a dimension in the target xy-plane (Par. 0056 teach the pulses being applied at different planes to reach the target),
the laser device comprising:
a laser configured to generate a laser beam (Par. 0055 teaches a laser system [341] emitting a laser beam [342]); and
an ophthalmic microscope configured to gather light reflected from within the eye to yield an image of the eye (Par. 0027 teaches the system having a visualization system with microscopes to image the eye and); and
a controller (Par. 0049) configured to: instruct the laser device to direct the plurality of laser pulses towards the target to yield the pulse pattern of laser pulses (Par. 0049 teaches the system comprise a laser control device [143] to control the beam).
While Al-Qaisi teaches using spatial light modulators, i.e. multiplexors, they do not explicitly teach that these are used to direct the laser beam (but rather used to direct the light beam). However, in the same field of endeavor, Samec teaches one or more laser beam multiplexers (Par. 1944-1955), each laser beam multiplexer configured to modulate the laser beam to yield a pulse pattern of laser pulses in the target xy-plane, the pulse pattern having a coverage related to the dimension of the target to limit movement of the target, the one or more laser beam multiplexers comprising a first multiplexer, or a spatial light modulator (Par. 1944-1955 or Semac teach having multiple SLMs inside of the scanning device. Semac and Al-Qaisi both teach using a controller to control the system (both of the systems having SLMs), therefore it would be capable of picking between the SLMs), a laser beam multiplexer of the one or more laser beam multiplexers comprising one of the following: a diffractive optical element (DOE), a diffraction grating, a holographic optical element (HOE), an interferometer, a spatial light modulator (SLM), a polarization multiplexer, or any combination of the preceding (Par. 1944 teaches the multiplexor being a spatial light modulator).
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 Al-Qaisi and modified them by having SLMs direct the laser beams, as taught and suggested by Semac, in order to steer the beam and/or to vary the depth at which the beam is focused within the user's eye (Par. 2007 of Semac).
While the combined teachings of Al-Qaisi and Semac teach directing the beam via a multiplexor to the eye, they do not disclose wherein a first pulse pattern and a second pulse pattern are yielded, the first pulse pattern having a first coverage corresponding to a spatial dimension of the pulse pattern (which can be greater or lesser than the second coverage) and a first density that are different than a second coverage and a second density of the second pulse pattern, the pulse pattern further having a density corresponding to a number of pulses distributed within the spatial dimension.
However, in the same field of endeavor, Raksi teaches a laser surgical system for tissue fragmentation in ophthalmic surgery (Abstract and Par. 0108) wherein the laser can be scanned in different spatial patterns (i.e. first and second patterns in different spatial locations) based on an algorithm (Par. 0055) and wherein the patterns can have a varying number of pulses (Par. 0075-0077 and Table 1) in order to provide the correct amount of laser energy for the given treatment volume and scan path (Par. 0077).
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 Al-Qaisi and Semac and modified them by having the system use differing pulse patterns in different spatial locations as well as different pulse numbers, as taught and suggested by Raksi, in order to provide the correct amount of laser energy for the given treatment volume and scan path (Par. 0077 od Raksi)
In regards to claim 21, the combined teachings of Al-Qaisi, Semac, and Raksi teach the ophthalmic laser system of Claim 20, the controller further configured to:
determine the dimension of the target from user input or by performing image processing on the image of the eye to measure the dimension; select the pulse pattern of laser pulses in accordance with the dimension of the target; and instruct the laser device to use the first multiplexer or the second multiplexer or instruct the spatial light modulator to create the first pulse pattern or the second pulse pattern ((Par. 0047, 0056, and Claim 1 of Al-Qaisi teach taking the depth scans of the opacity and then applying the laser beam based on these scans/based on the dimension of the opacity).
Conclusion
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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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