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 .
DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “control module” in claims 1, 11-16, 19, and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 7-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rill et al. (2018085257). Rill et al. discloses (claim 1) an ophthalmological laser treatment device ("a structure of a first and a second system for short pulse laser eye surgery 100 is disclosed", par. [0158]) comprising:
a base station having a treatment laser source configured to generate a treatment laser beam ("The systems for short pulse laser eye surgery 100 of FIGS. 1 and 2 further contain a housing 110, which may also be referred to as a console.", par. [0162]),
an application head ("the applicator head 220", par. [0163]), and
an arm arranged between the base station and the application head configured to provide a beam path for the treatment laser beam ("the applicator head 220 is attached to a second, separate articulated arm 130, through which the light of the laser source 210 is supplied to the applicator head 220.", par. [0163]; fig. 1 ), wherein
the ophthalmological laser treatment device includes a laser beam monitor (" ... two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]; fig. 7), a light signal source 210 or 281 (par. [0163] and "A laser diode 281 in the applicator head 220 emits a laser beam ... ", par. [0194]; fig. 7), and a control module ("the control device 500 calculates control commands for adjustable elements at the articulated arms 120, 130 and 220 or the applicator head", par. [0189] & "Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130.", par. [0208]), the laser beam monitor comprising a photodetector array arranged to receive a light signal generated by the light signal source ("A laser diode 281 in the applicator head 220 emits a laser beam over all mirrors of the second articulated arm 130 including the mirror of the system for stabilizing a beam passageway 280 to two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]), the light signal having traveled through the arm along the beam path ("A laser diode 281 in the applicator head 220 emits a laser beam over all mirrors of the second articulated arm 130 including the mirror of the system for stabilizing a beam passageway 280 to two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]) wherein the control module is configured to:
receive a photodetector array signal from the photodetector array ("Determining the deposit position of the light beam of the light source 281 of a system for stabilizing a beam passage 280 on the sensor 282", par. [0208]),
determine, using the photodetector array signal, signal characteristics of the light signal ("the control device 500 calculates control commands for adjustable elements at the articulated arms 120, 130 and 220 or the applicator head", par. [0189] & "Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short-pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130. ", par. [0209]), and
control the ophthalmological laser treatment device using the signal characteristics ("using the information for the deposit position or deposit positions of various positions of the second articulated arm 130", par. [0209]).
Regarding claim 2, Rill et al. discloses that the laser beam monitor is arranged in the base station ("A laser diode 281 in the applicator head 220 emits a laser beam over all mirrors of the second articulated arm 130 including the mirror of the system for stabilizing a beam passageway 280 to two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]).
Regarding claim 3, Rill et al. discloses that the light signal source 210 is arranged in the base station 110 (Fig. 1) and the light signal travels downstream through the arm 130 to the application head 220 and back upstream through the arm 130 to the base station 110.
Regarding claim 4, Rill et al. discloses that wherein the light signal source 281 is arranged in the application head 220 ("A laser diode 281 in the applicator head 220 emits a laser beam over all mirrors of the second articulated arm 130 including the mirror of the system for stabilizing a beam passageway 280 to two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]).
Regarding claim 7, Rill et al. discloses that the photodetector array is arranged behind a beam splitter in the beam path (Fig. 7).
Regarding claim 8, Rill et al. discloses that the light signal source (6) includes at least one or more of: the treatment laser source (21), a pilot laser source, or a light-emitting diode ("A laser diode 281 in the applicator head 220 emits a laser beam ... ", par. [0194]; fig. 7).
Regarding claim 9, Rill et al. discloses that the light signal source (6) is a screen configured to display an image generated by at least one or more of: the treatment laser source (21), a pilot laser source, or a light- emitting diode ("A laser diode 281 in the applicator head 220 emits a laser beam ... ", par. [0194]; fig. 7).
Regarding claim 10, Rill et al. discloses that the arm (4) is an articulated arm (4) comprising one or more internal mirrors arranged in the beam path ("A laser diode 281 in the applicator head 220 emits a laser beam over all mirrors of the second articulated arm 130 including the mirror of the system for stabilizing a beam passageway 280 to two quadrant receivers 282 in the housing 110", par. [0194]).
Regarding claim 11, Rill et al. discloses that the control module is configured to determine, using the signal characteristics, at least one or more of the following properties of the treatment laser beam: a beam position of the treatment laser beam after exiting the arm, a rotational orientation of the treatment laser beam after exiting the arm, a beam power of the treatment laser beam, a laser pulse energy of the treatment laser beam, or a laser beam profile of the treatment laser beam ("Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short-pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130. ", par. [0209]).
Regarding claim 12, Rill et al. discloses that the ophthalmological laser treatment device comprises a scanner configured to deflect the treatment laser beam to generate a laser treatment pattern, and wherein the control module is configured to control the ophthalmological treatment device, using the signal characteristics, by controlling the scanner ("Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short-pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130. ", par. [0209]).
Regarding claim 13, Rill et al. discloses that the control module is further configured to generate an alarm message if the signal characteristics do not satisfy at least one or more pre-defined signal thresholds ("if the deposit positions exceed a predetermined value, the laser beam guidance on the eye 900 is interrupted or cancelled.", par. [0209]).
Regarding claim 14, Rill discloses that the control module is configured to control the ophthalmological laser treatment device, using the signal characteristics, by controlling the properties of the treatment laser beam, wherein the properties of the treatment laser beam include at least in particular one or more of the following: the laser pulse energy of the treatment laser beam or the beam profile of the treatment laser beam ("Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short-pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130. ", par. [0209]).
Regarding claim 15, Rill et al. discloses a method for controlling an ophthalmological laser treatment device, the method comprising: receiving, in the control module, a photodetector array signal from the photodetector array, determining, in the control module, using the photodetector array signal, signal characteristics of the light signal; and controlling, in the control module, the ophthalmological laser treatment device using the signal characteristics (Fig. 20 A method for referencing the incision guidance in a short pulse laser system for eye surgery;, par. [0319]).
Regarding claim 16, Rill et al. discloses an ophthalmological laser treatment device ("a structure of a first and a second system for short pulse laser eye surgery 100 is disclosed", par. [0158]) comprising:
a base station having a treatment laser source configured to generate a treatment laser beam ("The systems for short pulse laser eye surgery 100 of FIGS. 1 and 2 further contain a housing 110, which may also be referred to as a console.", par. [0162]),
an application head ("the applicator head 220", par. [0163]), and
an arm arranged between the base station and the application head configured to provide a beam path for the treatment laser beam ("the applicator head 220 is attached to a second, separate articulated arm 130, through which the light of the laser source 210 is supplied to the applicator head 220.", par. [0163]; fig. 1 ),
a light signal source 210 or 281 (par. [0163] and "A laser diode 281 in the applicator head 220 emits a laser beam ... ", par. [0194]; fig. 7) configured to generate a light signal;
a laser beam monitor (" ... two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]; fig. 7) comprising a photodetector array configured to receive the light signal generated by the light signal source ("A laser diode 281 in the applicator head 220 emits a laser beam over all mirrors of the second articulated arm 130 including the mirror of the system for stabilizing a beam passageway 280 to two quadrant receivers 282 in the housing 110, which are fixed to the optical system bench.", par. [0194]), the light signal having traveled through the arm along the beam path; and a control module configured to: receive a photodetector array signal from the laser beam monitor, determine, using the photodetector array signal, signal characteristics of the light signal, and control the ophthalmological laser treatment device using the determined signal characteristics ("the control device 500 calculates control commands for adjustable elements at the articulated arms 120, 130 and 220 or the applicator head", par. [0189] & "Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130.", par. [0209]).
Regarding claim 17, Rill et al. discloses that the light signal (from laser 210) travels downstream through the arm 130 to the application head 220 and back upstream through the arm 130 to the base station 110 (Fig. 7).
Regarding claim 18, Rill et al. discloses that the light signal source includes at least one or more of: the treatment laser source, a pilot laser source, or a light-emitting diode (210 or 281, par. [0163] and "A laser diode 281 in the applicator head 220 emits a laser beam ... ", par. [0194]; fig. 7).
Regarding claim 19, Rill et al. discloses that the control module is configured to determine, using the signal characteristics, at least one or more of the following properties of the treatment laser beam: a beam position of the treatment laser beam after exiting the arm, a rotational orientation of the treatment laser beam after exiting the arm, a beam power of the treatment laser beam, a laser pulse energy of the treatment laser beam, or a laser beam profile of the treatment laser beam ("Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short-pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130. ", par. [0209]).
Regarding claim 20, Rill et al. discloses that the ophthalmological laser treatment device comprises a scanner configured to deflect the treatment laser beam to generate a laser treatment pattern, and wherein the control module is configured to control the ophthalmological treatment device, using the signal characteristics, by controlling the scanner ("Calculation of the control magnitude to adjust the x/y-mirror scanner 240 for the focus positioning of the short-pulse laser radiation using the information for the deposit position or deposit positions of various positions of the second articulated arm 130. ", par. [0209]).
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 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Rill et al., as applied to claim 1 above. Rill et al. discloses all of the claimed subject matter further including (claim 6) that the light signal source 210 is arranged in the base station 110 (Fig. 1). Rill et al. does not disclose that the laser beam monitor is arranged in the application head.
Since the applicant has not disclosed that having laser beam monitor arranged in the application head solves any stated problem or is for any particular purpose above the fact that the laser beam is being monitored and it appears that the laser beam monitor 282 of Rill et al. would perform equally well arranged in the application head as claimed by applicant, it would have been an obvious matter of rearrangement of parts to arrange the laser beam monitor of Rill et al. in the application head as claimed for the purposes of monitoring the laser beam.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other ophthalmological laser treatment devices.
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group is (571) 273-8300.
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/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
December 13, 2025