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 .
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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 23, 2026 has been entered.
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed March 23, 2026. Claims 1-20 are pending and an action on the merits is as follows.
Response to Arguments
Applicant's arguments filed March 23, 2026 have been fully considered but they are not persuasive.
In regard to independent claim 1, applicant’s arguments, on pages 8-9 of the Remarks, that the previously applied prior art rejection fails to disclose all of the limitations of claim, as newly amended, have been fully considered and are appreciated.
Namely, applicant argues that the previously applied rejection fails to disclose “said laser processing altering physical and/or chemical properties of the device.” However, as set forth below, Webster et al. discloses a dual path assembly for welding or surgical laser applications (see e.g. abstract), said laser processing altering physical and/or chemical properties of the device (see e.g. paragraphs [0003],[0253],[0254] Figures 4, 5). Modifying the device of Shi et al. to be used in a laser modification device would result in the use of optical diffraction tomography as the imaging modality and thus would allow for the imaging arm to provide high resolution for thick or opaque samples.
Similar arguments apply to independent claim 17.
Therefore, claims 1-20 are rejected, as set forth below.
Claim Objections
Claim 18 is objected to because of the following informalities. In lines 1-2 of claim 18, “the a first polarizing beam splitter” should be replaced with “the first polarizing beam splitter” in order to correct what appears to be a typographical error.
Appropriate correction is required.
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.
Claims 1-8, 10-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (WO 2021/143707), cited in previous office action, in view of Webster et al. (US 2015/0104344 A1).
In regard to claim 1, Shi et al. discloses a laser processing system (“denoted dual modality microscopic imaging system, see e.g. abstract) having optical diffraction tomography function (see e.g. abstract for “optical diffraction tomography), characterized in that the laser processing system comprises (see e.g. Figure 1, an annotated version included below):
a processing optical path assembly having an imaging optical path assembly integrated therewith (see e.g. annotated Figure 1 which includes imaging and processing optical paths);
wherein
the processing optical path assembly is configured for laser processing a device 110 (see e.g. page 10, last full paragraph for applicant’s “processing light beam”, fluorescence imaging subsystem, denoted “processing optical path assembly” in annotated Figure 1 below and see e.g. page 10, last paragraph and page 13, first paragraph for device 110 is sample on a slide); and
the imaging optical path assembly is configured for optical diffraction tomography imaging of the device 110 to be processed (see e.g. page 8, last full paragraph- page 9, first full paragraph for imaging elements/path).
Shi et al. fails to disclose
said laser processing altering physical and/or chemical properties of the device.
However, Webster et al. discloses a dual path assembly for welding or surgical laser applications (see e.g. abstract), said laser processing altering physical and/or chemical properties of the device (see e.g. paragraphs [0003],[0253],[0254] Figures 4, 5).
Given the teachings of Webster et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shi et al. with said laser processing altering physical and/or chemical properties of the device.
Modifying the device of Shi et al. to be used in a laser modification device would result in the use of optical diffraction tomography as the imaging modality and thus would allow for the imaging arm to provide high resolution for thick or opaque samples.
In regard to claim 2, Shi et al. discloses the limitations as applied to claim 1 above, and (see e.g. Figure 1):
wherein the imaging optical path comprises (see e.g. Figure 1): a first laser 101, a first polarizing beam splitter 104, a dual-axis scanning galvomirror 107, a first objective lens 109, a second objective lens 111, and a non-polarizing beam splitter 118;
wherein when
the device 110 to be processed is arranged between the first objective lens 109 and the second objective lens 111;
the first laser 101 is configured to emit and imaging laser beam (see e.g. page 7, fourth paragraph);
the first polarizing beam splitter 104 is configured to split the imaging laser light into signal laser beam and reference laser beam (see e.g. page 7, fourth paragraph for splitting of laser light into two portions);
the dual-axis scanning galvomirror 107 is configured to move such that the signal laser beam forms a scanning laser beam (see e.g. page 12, first paragraph for scanning of galvomirror 107),
wherein the scanning laser beam two-dimensionally (see e.g. page 12, first paragraph for scanning in x-y plane) scans the back focal plane of the first objective lens 109 such that the device to be processed 110 in irradiated by the scanning laser beam in different directions;
the second objective lens 111 is configured to collect transmitted light passing through the device to be processed 110;
the non-polarizing beam splitter 118 is configured to combine the reference laser beam and the collected transmitted light to form an off-axis hologram at a certain off-axis angle (see e.g. page 8, first full paragraph for off-axis hologram), and the off-axis hologram is configured to be acquired by an image acquisition device 117.
In regard to claim 3, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the imaging optical path assembly further comprises (see e.g. Figure 1):
a rotating polarizer 102 and a first half-wave plate 103 arranged sequentially between the first laser 101 and the first polarizing beam splitter 104; wherein
the rotating polarizer 102 is configured to adjust a total light intensity of the imaging laser 101;
the half-wave plate 103 is configured to adjust a splitting ratio of the imaging laser 101.
In regard to claim 4, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the imaging optical path assembly further comprises (see e.g. Figure 1):
an optical fiber 105 and a collimating lens 106 are arranged sequentially between the first polarizing beam splitter 104 and the dual-axis scanning galvomirror 107; wherein
the optical fiber 105 is configured to transmit the signal laser beam;
the collimating lens 106 is configured to collimate the signal laser beam.
In regard to claim 5, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the imaging optical path assembly further comprises (see e.g. Figure 1):
a collimating lens 108 arranged between the dual-axis scanning galvomirror 107 and the first objective lens 109;
the collimating lens 108 is configured to collimate the scanning laser beam.
In regard to claim 6, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the imaging optical path further comprises (see e.g. Figure 1):
a collimating lens 119 arranged between the second objective lens 111 and the non-polarizing beam splitter 118;
the collimating lens 119 is configured to collimate the transmitted light.
In regard to claim 7, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the imaging optical path assembly further comprises (see e.g. Figure 1):
an optical fiber 115 and a collimating lens 116 arranged sequentially between the first polarizing beam splitter 104 and the non-polarizing beam splitter 118;
the optical fiber 115 is configured to transmit the reference light;
the collimating lens 116 is configured to collimate the reference laser beam.
In regard to claim 8, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the first laser is a single longitudinal mode continuous laser (see e.g. page 8, second full paragraph).
In regard to claim 10, Shi et al. discloses the limitations as applied to claim 2 above, and
wherein the processing optical path assembly comprises (see e.g. Figure 1):
a second laser 133, a laser power adjusting device 127, 128, a beam expander 124, 125, 126, and a dichroic mirror 121, and the second objective lens 111 of the imaging optical path assembly;
the second laser 133 is configured to emit the processing laser beam;
the laser power adjusting device 127, 128 is configured to adjust the power of the processing laser beam;
the beam expander 124, 125, 126 is configured to expand the processing laser beam;
the dichroic mirror 121 is configured to reflect the expanded processing laser beam to the second objective lens 111;
the second objective lens 111 is further configured to focus the expanded processing laser beam on the device to be processed 110.
In regard to claim 11, Shi et al. discloses the limitations as applied to claim 10 above and
wherein the laser power adjusting device comprises (see e.g. Figure 1):
a half-wave plate 127, 128 and a second polarizing beam splitter 127 are arranged sequentially between the second laser 133 and the beam expander 124, 125, 126.
In regard to claim 12, Shi et al. discloses the limitations as applied to claim 11 above, and
the beam expander 124, 125, 126 comprises (see e.g. Figure 1):
a first collimating lens 124, an aperture 125, and a second collimating lens 126 arranged sequentially between the second polarizing beam splitter 127 and the dichroic mirror 121.
In regard to claim 13, Shi et al. discloses the limitations as applied to claim 12 above, but fails to disclose
wherein the aperture is arranged on a focal plane of the fifth collimating lens and the sixth collimating lens.
However, one of ordinary skill in the art would using a configuration in which the aperture is arranged on a focal plane of the fifth collimating lens and the sixth collimating lens, since it has been held that where the general condition of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shi et al. with wherein the aperture is arranged on a focal plane of the fifth collimating lens and the sixth collimating lens.
Doing so would provide a means of cleaning up an optical beam (i.e. spatial filtering), as is known in the art and would have predictable results.
In regard to claim 15, Shi et al. discloses the limitations as applied to claim 10 above, and
wherein the dichroic mirror 121 is configured for both high-transmission filter of the transmitted light and reflection of the processing laser beam (see e.g. page 10, third full paragraph for reflection of light and transmission of light).
In regard to claim 16, Shi et al. discloses the limitations as applied to claim 1 above, but fails to disclose
wherein laser processing comprises one or more of cutting, welding, surface treatment, drilling, and micro-processing.
However, Webster et al. discloses
wherein laser processing comprises one or more of cutting, welding, surface treatment, drilling, and micro-processing (see e.g. abstract, paragraphs [0003],[0253],[0254] Figures 4, 5).
Given the teachings of Webster et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shi et al. with wherein laser processing comprises one or more of cutting, welding, surface treatment, drilling, and micro-processing.
Modifying the device of Shi et al. to be used in a laser modification device would result in the use of optical diffraction tomography as the imaging modality and thus would allow for the imaging arm to provide high resolution for thick or opaque samples.
In regard to claim 17, Shi et al. discloses a laser processing system (“denoted dual modality microscopic imaging system”, see e.g. abstract), comprising (see e.g. Figure 1, an annotated version included below):
an imaging optical path (see e.g. page 8, last full paragraph- page 9, first full paragraph for imaging elements/path), comprising (see e.g. Figure 1):
a first laser 101;
a first polarizing beam splitter 104;
a dual-axis scanning galvomirror 107;
a first lens 109;
a second lens 111; and
a non-polarizing beam splitter 118,
wherein:
the first laser 101, the first polarizing beam splitter 104, the dual-axis scanning galvomirror 107, the first lens 109, the second lens 111, and the non-polarizing beam splitter 118 are arranged in the recited order along a first optical path (see e.g. Figure 1); and
the imaging optical path is configured for optical diffraction tomography imaging (see e.g. abstract) of an object 110 positioned between the first lens 109 and the second lens 111 along the first optical path; and
a laser processor integrated with the imaging optical path, the laser processor comprising (see e.g. Figure 1 and abstract):
a second laser 133;
a laser power adjuster 127, 128;
a beam expander 124, 125, 126; and
a dichroic mirror 121; and
the second lens 111,
wherein:
the second laser 133, the laser power adjuster 127, 128, the beam expander 124, 125, 126, the dichroic mirror 121 and the second lens 111 are arranged in the recited order along a second optical path (see e.g. Figure 1);
the dichroic mirror 121 is disposed between the second lens 111 and the non- polarizing beam splitter 118 along the first optical path (see e.g. Figure 1).
Shi et al. fails to disclose
the laser processor is for altering physical and/or chemical properties of the object.
However, Webster et al. discloses a dual path assembly for welding or surgical laser applications (see e.g. abstract), said laser processing altering physical and/or chemical properties of the device (see e.g. paragraphs [0003],[0253],[0254] Figures 4, 5).
Given the teachings of Webster et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shi et al. with said laser processing altering physical and/or chemical properties of the device.
Modifying the device of Shi et al. to be used in a laser modification device would result in the use of optical diffraction tomography as the imaging modality and thus would allow for the imaging arm to provide high resolution for thick or opaque samples.
In regard to claim 18, Shi et al. discloses the limitations as applied to claim 17, and
wherein the first polarizing beam splitter 104 is configured for splitting light emitted from the first laser 101 between the first optical path and a third optical path (see e.g. Figure 1 and note that the third optical path is along fiber 115); and
the non-polarizing beam splitter 118 is downstream from the first polarizing beam splitter 104 along the third optical path (see e.g. Figure 1), with a collimating lens 116 arranged between the first polarizing beam splitter 104 and the non-polarizing beam splitter 118 along the third optical path (see e.g. Figure 1).
In regard to claim 19, Shi et al. discloses the limitations as applied to claim 17 above, and
wherein a collimating lens 119 is arranged between the dichroic mirror 112 and the non-polarizing beam splitter 118 along the first optical path (see e.g. Figure 1).
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Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (WO 2021/143707) in view of Webster et al. (US 2015/0104344 A1) and further in view of Abe et al. (US 2003/0011772 A1).
In regard to claim 9, Shi et al., in view of Webster et al., discloses the limitations as applied to claim 2 above, but fails to disclose
wherein an anti-reflection coating is also provided on the non-polarizing beam splitter.
However, Abe et al. discloses (see e.g. paragraph [0015]):
wherein an anti-reflection coating is also provided on the non-polarizing beam splitter.
Given the teachings of Abe et al., it would have been obvious to one of ordinary skill in the art to modify the device of Shi et al., in view of Webster et al., with wherein an anti-reflection coating is also provided on the non-polarizing beam splitter.
Doing so would prevent unwanted reflections of light that may degrade the images.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (WO 2021/143707) in view of Webster et al. (US 2015/0104344 A1) and further in view of Xiu et al. (CN 110702614).
In regard to claim 14, Shi et al., in view of Webster et al., discloses the limitations as applied to claim 10 above, but fails to disclose
wherein the second laser is a femtosecond pulsed laser.
However, Xiu discloses
use of a femtosecond pulsed laser (see e.g. page 2, first paragraph under BACKGROUND).
Given the teachings of Xiu, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shi et al., in view of Webster et al., with wherein the second laser is a femtosecond pulsed laser.
Doing so would provide an advantage of a laser with short pulse times, high instantaneous power, and strong spectrum continuity (see e.g. page 2, first paragraph under BACKGROUND).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (WO 2021/143707) in view of Webster et al. (US 2015/0104344 A1) in view of Xiu et al. (CN 110702614) and further in view of Abe et al. (US 2003/0011772 A1).
In regard to claim 20, Shi et al. discloses the limitations as applied to claim 1 above, and
wherein the first laser is a single longitudinal mode continuous laser (see e.g. page 8, second full paragraph).
Shi et al., in view of Webster et al., fails to disclose
the second laser is a femtosecond pulsed laser; and
an anti-reflection coating is also provided on the non-polarizing beam splitter.
However, Xiu discloses
use of a femtosecond pulsed laser (see e.g. page 2, first paragraph under BACKGROUND).
Given the teachings of Xiu, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Shi et al., in view of Webster et al., with wherein the second laser is a femtosecond pulsed laser.
Doing so would provide an advantage of a laser with short pulse times, high instantaneous power, and strong spectrum continuity (see e.g. page 2, first paragraph under BACKGROUND).
Shi et al., in view of Webster et al. and Xiu, fails to disclose
an anti-reflection coating is also provided on the non-polarizing beam splitter.
However, Abe et al. discloses (see e.g. paragraph [0015]):
wherein an anti-reflection coating is also provided on the non-polarizing beam splitter.
Given the teachings of Abe et al., it would have been obvious to one of ordinary skill in the art to modify the device of Shi et al., in view of Webster et al. and Xiu, with wherein an anti-reflection coating is also provided on the non-polarizing beam splitter.
Doing so would prevent unwanted reflections of light that may degrade the images.
Conclusion
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/JESSICA M MERLIN/Primary Examiner, Art Unit 2871
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