DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4, 9, 12-15, 17, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0028355 A1 to Raksi in view of US 2011/0190739 A1 to Frey et al. (hereinafter “Frey”) and US 2022/0151832 A1 to Huang.
Regarding claim 1, Raksi teaches:
An ophthalmic laser system/apparatus configured to perform a laser procedure on an eye (Abstract, line 1 and para 0002, and para 0074), comprising:
a laser device comprising a laser delivery head/ surgical laser optical head (fig. 1A-1B and fig. 5 ) configured to direct a laser beam towards a target within the eye (para 0011: “The system further includes an optical head unit coupled to the reference interface. The optical head unit includes a laser scanner configured to scan the scan the laser beam of pulsed laser pulses to a target region of an eye docked to the patient interface.”), the laser beam defining a z-axis, the z-axis defining an xy-plane, an x-axis of the xy-plane aligned in a horizontal direction, a y-axis of the xy-plane aligned in a vertical direction (para 0076-0077);
an ophthalmic microscope/ophthalmoscope or surgical microscope configured to receive light from within the eye to provide an image of the eye (para 0043, first 2 sentences);
a user interface device/control unit (fig. 5, 506, para 0037) configured to receive a plurality of instructions from a user (para 0037); and
a controller (referred to as a control unit or laser controller) configured to:
receive an instruction from the user interface device to move the laser delivery head and the ophthalmic microscope (microscope/imaging unit) in the y-direction (y-direction movement/three-dimension movements) (para 0045 and para 0046); and
instruct the y-direction motor to move the laser delivery head and the ophthalmic microscope in the y-direction in response to the instruction (para 0045 and para 0046). Furthermore, Raksi teaches a surgical microscope coupled to a lift support/microscope stand that controls the surgical microscope (fig. 1A, 102) and imaging unit (fig. 1A, 104) in three dimension (along the x, y, and z direction) via servo or stepper motors (see fig. 1A and para 0045), but does not disclose wherein the lift support is coupled to both the laser delivery head and the ophthalmic microscope.
However, Huang teaches an ophthalmic laser apparatus (see abstract, line 1 and fig. 1). The apparatus (fig. 1) contains a lift support/moving stand coupled to both the lase delivery head/laser beam projector (see fig. 1, reference numbers 6 and 7) and the ophthalmic microscope/positioning device (which can be a microscope) (see abstract: “a moving stand, configured to move the positioning device and the laser beam projector along an X direction, a Y direction, and/or a Z direction ”, fig. 1 - reference number 5, para 0018, para 0023, and para 0006).
Although Huang teaches a moving stand that can move in the x, y, and z direction (see para 0023), Huang does not teach a y-direction motor configured to move the laser delivery head and the ophthalmic microscope in a y-direction defined by the y-axis by moving the lift support in the y-direction, wherein the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower the lift support.
Nevertheless, Frey teaches a laser treatment system configured to apply a laser beam to an eye and provided with means for registering and immobilizing the eye (abstract). The system (fig. 1) contains a translatable platform (see fig. 1, 112), wherein the translatable platform is located on top of a y-direction electric motor, and if configured to move a platform in the +z and -z direction (such as the up/down or y-direction) (see fig. 1, 112 and para 0012), and wherein the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower (+z and -z direction or y-direction) the lift support/platform (see para 0012 and para 0017: “The control signal controls the electric motor 106 so as to move the screw 108, platform 112 and arm 116 in the +z and -z directions.”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Raksi with the teachings of Huang and Frey to arrive at the claimed invention. Such modifications would improve the system by ensuring the microscope and laser are always properly aligned, ultimately ensuring the laser is accurately treating the target location in the eye.
Regarding claim 4, Raksi as modified teaches:
The ophthalmic laser system of Claim 1 (abstract, line 1), wherein the y-direction motor comprising a motor-driven servo system with a stepper motor (para 0045).
Regarding claim 9, Raksi as modified teaches The ophthalmic laser system of Claim 1 (abstract, line 1), comprising a user interface device (fig. 5, 506), but does not disclose wherein the user interface device comprises a joystick.
However Frey discloses a vertical laser treatment system for applying a laser beam to a patient’s eye (Abstract and fig. 1). The system (fig. 1) comprises a joystick controlled by the surgeon (para 0016).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Raksi with the system of Frey to arrive at the claimed invention. Such modification would yield predictable results, since Frey has shown that the use of a joystick can be used to move the optical head of the system in three dimensions, ultimately allowing for the optical head to properly interface with the patient interface device prior to the laser surgical treatment.
Regarding claim 12, Raksi as modified teaches:
The ophthalmic laser system of Claim 1 (abstract, line 1), further comprising an xz-direction motor configured to move the laser delivery head and the ophthalmic microscope/ surgical microscope in an x-direction defined by the x-axis and in an z-direction defined by the z-axis (direction movements move in three dimensions/multiple directions) (para 0045 and para 0050).
Regarding claim 13, Raksi as modified teaches:
The ophthalmic laser system of Claim 12 (abstract, line 1), the controller (referred to as a control unit or laser controller) further configured to: receive an instruction to move the laser delivery head and the ophthalmic microscope in the x-direction (x-direction movement/three-dimensional movements)(para 0045 and para 0046); and instruct the xz-direction motor to move the laser delivery head and the ophthalmic microscope in the x-direction in response to the instruction (para 0045 and para 0046).
Regarding claim 14, Raksi as modified teaches:
The ophthalmic laser system of Claim 12 (abstract, line 1), the controller further configured to:
receive an instruction to move the laser delivery head and the ophthalmic microscope/surgical microscope in the z-direction (z-direction movement/three-dimensional movements)(para 0045 and para 0046);
and instruct the xz-direction motor to move the laser delivery head and the ophthalmic microscope in the z-direction in response to the instruction (direction movements move in three dimensions/multiple directions) (para 0045 and para 0050).
Regarding claim 15, Raksi teaches:
A method (para 0032) for moving a laser delivery head of an ophthalmic laser system (Abstract, line 1 and para 0002, and para 0074), comprising:
receiving, by a user interface device, a plurality of instructions from a user for the ophthalmic laser system (fig. 5, 506 and para 0037), the ophthalmic laser system comprising the laser delivery head and an ophthalmic microscope/ophthalmoscope or surgical microscope (para 0043, first 2 sentences), the laser delivery head configured to direct a laser beam towards a target within an eye (para 0043, first 2 sentences), the laser beam defines a z-axis, the z-axis defines an xy-plane, an x-axis of the xy-plane is/can be aligned in a horizontal direction, a y-axis of the xy-plane is/can be aligned in a vertical direction (para 0076-0077) and, the ophthalmic microscope is configured to receive light from within the eye to provide an image of the eye (para 0043, first 2 sentences). Furthermore, Raksi teaches a surgical microscope coupled to a lift support/microscope stand that controls the surgical microscope (fig. 1A, 102) and imaging unit (fig. 1A, 104) in three dimension (along the x, y, and z direction) via servo or stepper motors (see fig. 1A and para 0045), and receiving, by a controller from the user interface device, an instruction of the plurality of instructions to move the ophthalmic microscope in a y-direction defined by the y-axis (para 0045 and para 0046), and moving, by the y-direction motor, the ophthalmic microscope in the y-direction (para 0045 and para 0046).
but does not disclose wherein the laser delivery head and the ophthalmic microscope are coupled to a lift support, moving the laser delivery head and the ophthalmic microscope in a y-direction by moving the lift support in the y-direction, and does not disclose wherein the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower the lift support.
However, Huang teaches an ophthalmic laser apparatus (see abstract, line 1 and fig. 1). The apparatus (fig. 1) contains a lift support/moving stand coupled to both the lase delivery head/laser beam projector (see fig. 1, reference numbers 6 and 7) and the ophthalmic microscope/positioning device (which can be a microscope) (see abstract: “a moving stand, configured to move the positioning device and the laser beam projector along an X direction, a Y direction, and/or a Z direction ”, fig. 1 - reference number 5, para 0018, para 0023, and para 0006).
Although Huang teaches a moving stand that can move in the x, y, and z directions (see para 0023), Huang does not disclose wherein the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower the lift support.
Nevertheless, Frey teaches a laser treatment system configured to apply a laser beam to an eye and provided with means for registering and immobilizing the eye (abstract). The system (fig. 1) contains a translatable platform (see fig. 1, 112), wherein the translatable platform is located on top of a y-direction electric motor, and if configured to move a platform in the +z and -z direction (such as the up/down or y-direction) (see fig. 1, 112 and para 0012), and wherein the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower (+z and -z direction or y-direction) the lift support/platform (see para 0012 and para 0017: “The control signal controls the electric motor 106 so as to move the screw 108, platform 112 and arm 116 in the +z and -z directions.”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Raksi with the teachings of Huang and Frey to arrive at the claimed invention. Such modifications would improve the system by ensuring the microscope and laser are always properly aligned, ultimately ensuring the laser is accurately treating the target location in the eye.
Regarding claim 17, Raksi as modified teaches the method of Claim 15, wherein receiving, by the controller from the user interface device, the instruction of the plurality of instructions to move the laser delivery head and the ophthalmic microscope in the y-direction defined by the y-axis (fig. 5, 506, para 0045 and para 0046), but does not disclose detecting rotation of the user interface device, wherein the user interface device comprising a joystick.
However, Frey discloses a vertical laser treatment system for applying a laser beam to a patient’s eye (Abstract and fig. 1). The system (fig. 1) comprises a joystick controlled by the surgeon (para 0016).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Raksi with the system of Frey to arrive at the claimed invention. Such modification would yield predictable results, since Frey has shown that the use of a joystick can be used to move the optical head of the system in three dimensions, ultimately allowing for the optical head to properly interface with the patient interface device prior to the laser surgical treatment.
Regarding claim 19 Raksi as modified teaches:
The method of Claim 15, further comprising: receiving, by the controller from the user interface device (fig. 5, 506, para 0045 and para 0046), an instruction to move the laser delivery head and the ophthalmic microscope/surgical microscope in an x-direction defined by the x-axis direction movements move in three dimensions/multiple directions) (para 0045 and para 0050); and instructing, by the controller, an xz-direction motor to move the laser delivery head and the ophthalmic microscope/surgical microscope in the x-direction in response to the instruction (direction movements move in three dimensions/multiple directions) (para 0045 and para 0050).
Regarding claim 20, Raksi as modified teaches:
The method of Claim 15 (para 0032), further comprising: receiving, by the controller from the user interface device (fig. 5, 506, para 0045 and para 0046), an instruction to move the laser delivery head and the ophthalmic microscope/surgical microscope in a z-direction defined by the z-axis direction movements move in three dimensions/multiple directions) (para 0045 and para 0050); and instructing, by the controller, a xz-direction motor to move the laser delivery head and the ophthalmic microscope/surgical microscope in the z-direction in response to the instruction (direction movements move in three dimensions/multiple directions) (para 0045 and para 0050).
Regarding claim 21, Raksi teaches an ophthalmic laser system configured to perform a laser procedure on an eye (Abstract, line 1 and para 0002, and para 0074), comprising: a laser device comprising a laser delivery head / surgical laser optical head (fig. 1A-1B and fig. 5 ) configured to direct a laser beam towards a target within the eye (para 0011: “The system further includes an optical head unit coupled to the reference interface. The optical head unit includes a laser scanner configured to scan the laser beam of pulsed laser pulses to a target region of an eye docked to the patient interface.”), the laser beam defining a z-axis, the z-axis defining an xy-plane, an x-axis of the xy-plane aligned in a horizontal direction, a y-axis of the xy-plane aligned in a vertical direction (para 0076-0077); an ophthalmic microscope configured to receive light from within the eye to provide an image of the eye (para 0043, first 2 sentences); a lift support (Surgical Microscope stand and Optical head positioning stage) configured to support the laser delivery head and the ophthalmic microscope (fig. 2D, 130 and 112); a y-direction motor configured to move the laser delivery head and the ophthalmic microscope/surgical microscope in a y-direction defined by the y-axis by moving the lift support in the y-direction (para 0045 and para 0046), the y-direction motor comprising a motor-driven servo system with a rotary actuator or a stepper motor (para 0045). Furthermore, although Raksi discloses a controller (referred to as a control unit or laser controller) configured to: receive an instruction from the user interface device to move the laser delivery head and the ophthalmic microscope in the y-direction (fig. 5, 506, para 0045 and para 0046); instruct the y-direction motor to move the laser delivery head/surgical laser optical head and the ophthalmic microscope/surgical microscope in the y-direction in response to the instruction (para 0045-0046); receive an instruction to move the laser delivery head and the ophthalmic microscope in the x-direction (para 0045-0046); instruct the xz-direction motor to move the laser delivery head and the ophthalmic microscope in the x-direction in response to the instruction (para 0045-0046; system moves in three dimensions), and teaches an xz-direction motor configured to move the laser delivery head/surgical laser optical head and the ophthalmic microscope/surgical microscope in an x-direction defined by the x-axis and in an z-direction defined by the z-axis of a user interface device (para 0045-0046: “three dimensions”) and a user interface device/control unit (fig. 5, 506, para 0037) configured to receive a plurality of instructions from a user (para 0037), Raski does not disclose wherein a lift support is coupled to both the laser delivery head and the ophthalmic microscope, and does not disclose wherein the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower the lift support, and does not disclose wherein the user interface device comprises a joystick.
However, Huang teaches an ophthalmic laser apparatus (see abstract, line 1 and fig. 1). The system (fig. 1) contains a lift support/moving stand coupled to both the lase delivery head/laser beam projector (see fig. 1, reference numbers 6 and 7) and the ophthalmic microscope/positioning device (which can be a microscope) (see abstract: “a moving stand, configured to move the positioning device and the laser beam projector along an X direction, a Y direction, and/or a Z direction ”, fig. 1 - reference number 5, para 0018, para 0023, and para 0006). Although Huang teaches a moving stand that can move in the x, y, and z direction (see para 0023), Huang does not teach However, Huang does not teach the y-direction motor comprises a screw-based vertical adjustment system comprising a screw configured to rotate to raise and lower the lift support, and does not disclose wherein the user interface device comprises a joystick.
However, Frey discloses a vertical laser treatment system for applying a laser beam to a patient’s eye (Abstract and fig. 1). The system (fig. 1) contains a screw configured to rotate in order to move/raise and lower a platform vertically in the +Z direction and -Z direction (para 0012), and wherein the user interface device comprises a joystick (see para 0016: “In particular, a surgeon moves a joystick (not shown) that controls a three axis motion servo-control system for controlling the motion of the optical head 102 in three dimensions.” )
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Raksi with the teachings of Huang and Frey to arrive at the claimed invention. Such modifications would improve the system by ensuring the microscope and laser are always seamlessly controlled via the joystick and properly aligned the eye, ultimately ensuring the laser is accurately treating the target location in the eye.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Raksi, Huang, and Frey, and further in view of US 2021/0378507 A1 to Wallace et al. (hereinafter “Wallace”).
Regarding claim 10, Raksi as modified teaches the ophthalmic laser system of Claim 9, but does not disclose wherein the joystick is configured to be rotated; and the controller is configured to receive the instruction from the user interface device by detecting rotation of the joystick.
However, Wallace discloses a mobile communication-based corneal topography device (abstract, lines 1-4 and fig. 1A). The device (fig. 1A) contains a joystick configured to be rotated (para 0149), and processor (para 0110) and controller to receive instructions from the user interface device by detecting rotation of the joystick (para 0040, para 0086, para 0094).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Raksi with the teachings of Wallace to arrive at the claimed invention. Such modification would result in a reasonable expectation for success, since Wallace shows that implementing a rotatable joystick would allow for more seamless and controlled communication between the corneal topography system and the user/doctor.
Claims 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Raksi, Huang, Frey, and further in view of WO 02/083041 to Previn.
Regarding claim 11, Raksi as modified teaches the ophthalmic laser system of Claim 9, containing a joystick and a controller configured to receive instructions from the user interface device by detecting rotation of the joystick (para 0149, para 0040, para 0086, para 0094), but does not disclose wherein the joystick is configured to be raised and lowered, and does not disclose wherein the controller is configured to receive instruction from the user interface device by detecting raising or lowering of the joystick.
However, Previn discloses an ophthalmic laser system for performing retinal photocoagulation and laser surgery (abstract). The system (fig. 1) contains a joystick that can be moved in the X, Y, and Z direction (allowing the joystick to be lifted/raised and/or lowered) to control the delivery module (fig. 1, 14 and page 5, lines 11-15 and lines 23-24).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Raksi with the teachings of Previn to arrive at the claimed invention. Such modification would yield predictable results, since the system of Previn shows how the use of a joystick that moves in the X, Y, and Z direction allows for more seamless control and communication between the system components and the user/doctor.
Regarding claim 18, Raksi as modified teaches the method of claim 15, wherein receiving, by the controller from the user interface device (para 0149, para 0040, para 0086, para 0094), the instruction of the plurality of instructions to move the laser delivery head
and the ophthalmic microscope in the y-direction defined by the y-axis (fig. 5, 506, para 0045 and para 0046), but does not disclose further comprising detecting raising or lowering of the user interface device, wherein the user interface device comprising a joystick.
However, Previn discloses an ophthalmic laser system for performing retinal photocoagulation and laser surgery (abstract). The system (fig. 1) contains a joystick that can be moved in the X, Y, and Z direction (allowing the joystick to be lifted/raised and/or lowered) to control the delivery module (fig. 1, 14 and page 5, lines 11-15 and lines 23-24).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified system of Raksi with the teachings of Previn to arrive at the claimed invention. Such modification would yield predictable results, since Previn has shown that implementing the use of a joystick that moves in multiple directions allows for more seamless and controlled communication between the system components and the user/doctor.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bor (US 2021/0386586 Al) teaches an ophthalmic laser system with z-direction multi-focal optics.
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/K.J.W./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792