DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
1. Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive. The Applicant argues that neither the art of Schuele nor Bor teach “fragment[ing] the floater and move the fragmented floater away from a visual axis of the eye.”. The Examiner respectfully disagrees. Par. 0049 of Schuele teaches using a cutting laser subsystem that can initiate an ablation process, i.e. fragmentation. Par. 0108 of Schuele then goes on to teach “By doing so, the vitreous bodies may be moved, broken up, or removed in order to resolve the sight degradation. The most disturbing floaters are in the direct line of sight of the fovea. Moving them out of the central zone of vision will give the patient a significant reduction of symptoms.” Therefore, the rejection still stands.
Claim Objections
Claim 4 is objected to because of the following informalities: Line 2 has been amended to states “11,/2” instead of “λ/2”. The examiner assumes this as a typographical error and should not have been amended 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.
2. Claim(s) 1-2, 5-11, and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuele (US 20170326003 A1) in view of Bor (US 20180360657 A1).
In regards to claims 1 and 10, Schuele discloses an ophthalmic laser system/method for treating a floater in a vitreous of an eye (Abstract), comprising:
a laser device configured to direct a plurality of laser pulses towards the floater in the vitreous of the eye (Par. 0024 teaches a laser system [2] to target the vitreous),
the laser device comprising:
a laser configured to generate a laser beam (Par. 0023); and
a beam multiplexer configured to split the laser beam into a plurality of beams (Par. 0091 and 0094 teach using a wedge/interferometer means to split the light beam.);
an ophthalmic microscope configured to provide an image of a shadow cast by the floater onto a retina of the eye (Par. 0073 teaches an OCT or optical microscopy means for imaging); and
a computer configured to: instruct the laser device to direct the plurality of beams towards the floater in the vitreous in order to fragment the floater and move the fragmented floater away from a visual axis of the eye (Par. 0044 teaches a controller to provide control signals to the system and that the processor is connected to a computer readable medium. Par. 0049 teaches using a laser ablation process, i.e. fragmentation. Par. 0108 teaches moving the floaters out of the line of vision).
While Schuele teaches the system can operate with cavitation bubble formation (Par. 0116), they do not explicitly teach the laser forming a plurality of cavitation bubbles to create a bubble jet in the eye. However, in the same field of endeavor, Bor teaches a method of applying laser beams to the eye for treatment (Abstract) wherein the device employs the laser to create a a strong jet of cavitation bubbles within the eye (Par. 0059) in order to destroy and remove the undesired part of the target tissue (Par. 0048)
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 Schuele and modified them by having the laser create a cavitation bubble path, as taught and suggested by Bor, in order to destroy and remove the undesired part of the target tissue (Par. 0048)
In regards to claims 2 and 11, the combined teachings of Schuele and Bor disclose the ophthalmic laser system/method of Claim 1/10, the beam multiplexer comprising an optical device selected from the following: a diffractive optical element (DOE), a holographic optical element (HOE), a spatial light modulator (SLM), a polarizing prism, a beam amplitude splitting interferometer, a wavefront splitting interferometer, or a birefringent optical component (Par. 0091 and 0094 of Schuele teach using a wedge/interferometer means to split the light beam).
In regards to claims 5 and 14, the combined teachings of Schuele and Bor disclose the ophthalmic laser system/method of Claim 1/10, the beam multiplexer configured to split the laser beam into the plurality of beams that form the plurality of cavitation bubbles with a bubble center separation of 5 to 20 microns (Par. 0039 of Schuele teaches that the bubble diameters are between 5 and 30 microns and that the distance between them is around less than half of the diameter; i.e. the distance could be between 2.5-10 microns).
In regards to claims 6 and 15, the combined teachings of Schuele and Bor disclose the ophthalmic laser system/method of Claims 1/10, the beam multiplexer configured to: create a first cavitation bubble with a first diameter; and create a second cavitation bubble with a second diameter, the second diameter different from the first diameter (Par. 0039 of Schuele teaches that the bubble diameters are between 5 and 30 microns. Fig 8 shows the bubbles have different diameters).
In regards to claims 7 and 16, the combined teachings of Schuele and Bor disclose the ophthalmic laser system/method of Claims 1/10, the computer configured to instruct the laser device to direct the plurality of beams towards the floater by: instructing the laser device to direct the plurality of beams to form the plurality of cavitation bubbles arranged to direct the bubble jet in a particular direction (Par. 0044 of Schuele teaches a controller to provide control signals to the system. Par. 0030 of Bor also teaches a control means for controlling the direction and strength of the cavitation bubbles).
In regards to claims 8-9 and 17-18, the combined teachings of Schuele and Bor disclose the ophthalmic laser system/method of Claims 1/10, the computer configured to instruct the laser device to direct the plurality of beams towards the floater by: instructing the laser device to direct the plurality of beams to form the plurality of cavitation bubbles arranged in a spiral enface or a raster pattern (Par. 0044 of Schuele teaches a controller to provide control signals to the system. Par. 0026 of Bor also teaches a control means for controlling the direction and strength of the cavitation bubbles into a spiral pattern or a raster pattern).
3. Claim(s) 3-4 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuele and Bor and in further view of Reis (US 4884884 A).
In regards to claims 3-4 and 12-13, the combined teachings of Schuele and Bor disclose the ophthalmic laser system/method of Claim 1/10, the beam multiplexer comprising: a wave plate configured to alter a polarization state of the laser beam (Par. 0077 of Schuele discloses employing a wave plate as a polarization element), the wave plate comprising a k/2 wave plate configured to shift the polarization state of the laser beam (Par. 0077 of Schuele teaches using a half wave plate).; and
The combined teachings do not disclose wherein a prism configured to separate the laser beam into the plurality of beams, the prism comprising a Wollaston prism configured to separate the laser beam into the beams with orthogonal polarization.
However, in the same field of endeavor, Reis teaches a laser system for treating the eye (Abstract) wherein Wollaston prisms are employed (Col. 1, lines 45-51) in order for the laser to have the same energy distributed among the individual spots (Col 1-2).
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 Schuele and Bor and modified them by having the device comprise a Wollaston prism, as taught and suggested by Reis, for the purpose of having the laser have the same energy distributed among the individual spots (Col 1-2 of Reis ).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SKYLAR LINDSEY CHRISTIANSON whose telephone number is (571)272-0533. The examiner can normally be reached Monday-Friday, 7:30-5:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.L.C./Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796