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
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.
Claim(s) 1, 3-5, 7-9, 11-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2009/039315 Kurtz, hereinafter “Kurtz” (cited previously), in view of WO 2010/117386 Walsh et al., hereinafter “Walsh”.
Regarding claim 1, Kurtz discloses an ophthalmic laser surgical system for imaging and treating a target in an eye (Abstract and Figure 7), comprising: a laser device (Figure 7, element 1010) configured to: direct a focus of a laser beam along a laser beam path towards an intended location (x0, y0, z0) (Figure 7, element 1022; the intended location is inherently going to have coordinates in the xyz plane, consider especially Para 161-162 that discuss a 3 dimensional coordinate system for positioning) of the target in a vitreous of the eye (Para 44) to yield a cavitation bubble in the vitreous (Para 116; the focused surgical laser beam causes photodisruption in the target tissue, which is a technique that generates shock waves and cavitation bubbles to break apart the targeted material), the eye having an eye axis, the eye axis defining a z-axis, the z-axis defining a plurality of xy-planes, an xyz-location relative to an xy-plane and the z-axis (Para 138; this is inherently in the reference, however, this paragraph discusses the axis of the eye and how the OCT takes plane images across the z access in slices of xy-planes, see also Para 161-162); and an imaging system (Figure 7, element 1030) configured to: direct one or more imaging beams along an imaging beam path towards the target (Para 138); receive the one or more imaging beams reflected from the eye (Para 117 and 138); generate an image of the cavitation bubble from the reflected one or more imaging beams (Para 117); and measure an actual location (x, y, z) of the cavitation bubble according to the image (Para 115 and 118); and an xy-location of each of the intended location and the actual location relative to an xy-plane is determined using the imaging device (Para 115, 118, and Para 161-162); and a computer (Figure 7, element 1040) configured to: determine an error vector that describes an error between the intended location (x0, y0, z0) of the target and the actual location (x, y, z) of the cavitation bubble; determine a correction vector to compensate for the error (Para 115 and 118; position offset information; Refer also to Para 139, 161-162, and 178; it is known in the art that position offset is calculated by finding the difference between two sets of coordinates Para 139 and 161-1662 disclose that the positioning information is in the form of a 3D coordinate system; Para 118 specifically discloses the position offset information for the photodisruption byproduct from the target tissue position in the target tissue and Para 178 discloses that the photodisruption byproduct is a cavitation bubble. The error vector is therefore determined and used as a correction vector to compensate for the position offset “Based on the information obtained from the image, the beam control signal 1044 is generated to control the optics module 1020 which adjusts the laser beam” the information being the position offset); and instruct the laser device to use the correction vector to compensate for the error to direct the laser beam towards the target to treat the target (Para 118 and 120).
Kurtz does not disclose the imaging system comprises a scanning laser ophthalmoscopy (SLO) device.
However, Walsh discloses an ophthalmic imaging system (Abstract) and teaches the imaging system comprises a scanning laser ophthalmoscopy (SLO) device (Para 351 and 354).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an SLO device as taught by Kurtz, in the invention of Walsh, in order to determine feature locations (Walsh; Para 413).
Regarding claim 3, Kurtz discloses comprising an xy-scanner (Para 138) configured to: receive the one or more imaging beams from the imaging system and direct the one or more imaging beams along the imaging beam path towards the target; and receive the laser beam from the laser device and direct the laser beam along the laser beam path aligned with the imaging beam path towards the target to treat the target (Para 138, 144-145, and Figure 7, elements 1044, 1022, and 1012).
Regarding claim 4, Kurtz discloses the error vector comprising (x - x0,y-y0,z-z0) (Para 115 and 118; position offset information).
Regarding claim 5, Kurtz discloses the correction vector comprising (x0-x,y0-y,z0-z) (Para 115 and 118; position offset information).
Regarding claim 7, Kurtz discloses the imaging system comprising: a z-imaging device configured to provide a z-location of the target relative to the z-axis (Para 138 and 152).
Regarding claim 8, Kurtz discloses the imaging system comprising: an xyz-imaging device configured to provide the xyz-location of the target (Para 138, 144, and 152).
Regarding claim 9, Kurtz discloses a method for imaging and treating a target in an eye (Abstract and Figure 7), comprising: directing, by a laser device (Figure 7, element 1010), a focus of a laser beam along a laser beam path towards an intended location (x0, y0, z0) (Figure 7, element 1022; the intended location is inherently going to have coordinates in the xyz plane) of the target in a vitreous of the eye (Para 44) to yield a cavitation bubble in the vitreous (Para 116; the focused surgical laser beam causes photodisruption in the target tissue, which is a technique that generates shock waves and cavitation bubbles to break apart the targeted material), the eye having an eye axis, the eye axis defining a z-axis, the z-axis defining a plurality of xy-planes, an xyz-location relative to an xy-plane and the z-axis (Para 138; this is inherently in the reference, however, this paragraph discusses the axis of the eye and how the OCT takes plane images across the z access in slices of xy-planes); directing, by an imaging system (Figure 7, element 1030), one or more imaging beams along an imaging beam path towards the target (Para 138); receiving, by the imaging system, the one or more imaging beams reflected from the eye (Para 117 and 138); generating, by the imaging system, an image of the cavitation bubble from the reflected one or more imaging beams (Para 117); measuring, by the imaging system, an actual location (x, y, z) of the cavitation bubble according to the image (Para 115 and 118), wherein; an xy-location of each of the intended location and the actual location relative to an xy-plane is determined using the imaging device (Para 115, 118, and Para 161-162); determining, by a computer (Figure 7, element 1040), an error vector that describes an error between the intended location (x0, y0, z0) of the target and the actual location (x, y, z) of the cavitation bubble; determining, by the computer, a correction vector to compensate for the error (Para 115 and 118; position offset information; Refer also to Para 139, 161-162, and 178; it is known in the art that position offset is calculated by finding the difference between two sets of coordinates Para 139 and 161-1662 disclose that the positioning information is in the form of a 3D coordinate system; Para 118 specifically discloses the position offset information for the photodisruption byproduct from the target tissue position in the target tissue and Para 178 discloses that the photodisruption byproduct is a cavitation bubble. The error vector is therefore determined and used as a correction vector to compensate for the position offset “Based on the information obtained from the image, the beam control signal 1044 is generated to control the optics module 1020 which adjusts the laser beam” the information being the position offset); and instructing, by the computer, the laser device to use the correction vector to compensate for the error to direct the laser beam towards the target to treat the target (Para 118 and 120; Figure 7, elements 1040 and 1044).
Kurtz does not disclose the imaging system comprises a scanning laser ophthalmoscopy (SLO) device.
However, Walsh discloses an ophthalmic imaging system (Abstract) and teaches the imaging system comprises a scanning laser ophthalmoscopy (SLO) device (Para 351 and 354).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an SLO device as taught by Kurtz, in the invention of Walsh, in order to determine feature locations (Walsh; Para 413).
Regarding claim 11, Kurtz discloses comprising: receiving, by an xy-scanner (Para 138), the one or more imaging beams from the imaging system and directing the one or more imaging beams along the imaging beam path towards the target; and receiving, by the xy-scanner, the laser beam from the laser device and directing the laser beam along the laser beam path aligned with the imaging beam path towards the target to treat the target (Para 138, 144-145, and Figure 7, elements 1044, 1022, and 1012).
Regarding claim 12, Kurtz discloses the error vector comprising (x - x0, y - y0, z – z0) (Para 115 and 118; position offset information).
Regarding claim 13, Kurtz discloses the correction vector comprising (x0 - x, y0 - y, z0 - z) (Para 115 and 118; position offset information).
Regarding claim 15, Kurtz discloses comprising: providing, by a z-imaging device of the imaging system, a z-location of the target relative to the z-axis (Para 138 and 152).
Regarding claim 16, Kurtz discloses comprising: providing, by an xyz-imaging device of the imaging system, the xyz-location of the target (Para 138, 144, and 152).
Regarding claim 17, Kurtz discloses the imaging system comprises an interferometer device (Para 138 and 147).
Kurtz does not disclose a z-location of each of the intended location and the actual location relative to the z-axis is determined using the interferometer device.
However, Walsh teaches a z-location of each of the intended location and the actual location relative to the z-axis is determined using the interferometer device (Para 321).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an interferometer as taught by Kurtz, in the invention of Walsh, in order to provide scans in different directions (Walsh; Para 321).
Regarding claim 18, Kurtz discloses treating the target comprises directing the laser beam in a 3D matrix of laser pulses toward the target (See Figure 23B, laser beams 1712 and Para 116).
Regarding claim 19, Kurtz discloses the imaging system comprises an interferometer device (Para 138 and 147).
Kurtz does not disclose a z-location of each of the intended location and the actual location relative to the z-axis is determined using the interferometer device.
However, Walsh teaches a z-location of each of the intended location and the actual location relative to the z-axis is determined using the interferometer device (Para 321).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an interferometer as taught by Kurtz, in the invention of Walsh, in order to provide scans in different directions (Walsh; Para 321).
Regarding claim 20, Kurtz discloses treating the target comprises directing the laser beam in a 3D matrix of laser pulses toward the target (See Figure 23B, laser beams 1712 and Para 116).
Claim(s) 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2009/039315 Kurtz, hereinafter “Kurtz”, in view of WO 2010/117386 Walsh et al., hereinafter “Walsh”, further in view of DE 102019007147 Hacker et al., hereinafter “Hacker” (cited previously).
Regarding claim 2, Kurtz/Walsh discloses the target (Figure 7, element 1001).
Kurtz does not disclose the target comprising an eye floater.
However, Hacker discloses a laser device/method (Para 14) and teaches the target comprising an eye floater (Para 27).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an eye floater as the target as taught by Hacker, in the invention of Kurtz, in order to destroy floaters by means of laser pulses (Hacker; Para 27).
Regarding claim 10, Kurtz/Walsh discloses the target (Figure 7, element 1001).
Kurtz does not disclose the target comprising an eye floater.
However, Hacker discloses a laser device/method (Para 14) and teaches the target comprising an eye floater (Para 27).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an eye floater as the target as taught by Hacker, in the invention of Kurtz, in order to destroy floaters by means of laser pulses (Hacker; Para 27).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
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/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796