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
Applicant’s arguments, see “Applicant Arguments/Remarks”, filed 02/19/2026, with respect to rejections under U.S.C. 112(b) have been fully considered and are persuasive. The rejections under U.S.C. 112(b) have been withdrawn.
Applicant's arguments filed 02/19/2026 have been fully considered but they are not persuasive.
Applicant argues that Bischoff does not teach the “horizontal steps” required of the independent claims, as Bischoff’s pieces are “curves, not “horizontal steps” (Applicant’s Remarks Pg. 8). Applicant’s argument is unpersuasive. Even though these treatment lines are called curves, they would have to have an area to them as it is not possible to only damage tissue in one dimension. These curves are horizontal steps as defined by the last paragraph of Claim 11 (Para.0084, “This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Claim Rejections - 35 USC § 102
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 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 11-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication 20190201097 awarded to Bischoff et al, hereinafter Bischoff.
Regarding Claim 11, Bischoff teaches an ophthalmic laser surgical system (abstract) comprising: a pulsed laser source configured to generate a pulsed laser beam (Para. 0057, “the treatment laser radiation 2 is applied as a pulsed laser beam focused into the eye 3”); an optical delivery system including a scanner, configured to delivering a focal spot of the pulsed laser beam to the eye (Para. 0069, “The xy scanner thus effects a shifting of the position of the focus 6 substantially perpendicular to the main direction of incidence of the laser radiation 2 into the cornea 5. To shift the depth position a z scanner is provided in addition to the xy scanner. The z scanner ensures that the z position of the focus 6 position, i.e. its position on the optical incidence axis, can be changed”); and a controller connected to the laser source and the optical delivery system, configured to controls the laser source and the scanner to scan the focal spot of the pulsed laser beam within a lens of the eye (Para. 0072, “To control the position of the focus 6, the xy scanner as well as the z scanner, which together realize some example of a three-dimensional focus-shifting device, are controlled by a control apparatus provided in the treatment apparatus (or separately). The same applies to the laser”) according to a lens segmentation pattern to form a three-dimensional spiral volume in the lens (Para. 0039, “The procedure described above can equally be used for the production of closed concentric path curves, which at least approximate contour lines of the cutting surface, and for the production of a spiral which is based on such contour lines or path curves”), including to: form a boundary incision surface defining an outer boundary of the lens segmentation pattern (Para. 0080, “The interpolation is carried out piecewise and designed so that the individual pieces join together smoothly, i.e. continuously differentiably. This can for example be achieved in that a boundary condition of the interpolation requires to form at each intersection point the slope as a tangent to the respective radius”); and form a spiral incision surface located within the outer boundary, wherein the spiral incision surface includes a plurality of horizontal steps (Para. 0081, “If, instead of a set of closed path curves 34a, it is desired to obtain a spiral 34b which is based on contour lines, adjacent-angle intersection points 31 are also connected, wherein however at least within a 360° rotation, the shifting position is changed once, i.e. an intersection point 31 which has been determined with one z coordinate is connected to an intersection point 31 which lies in the next shifting position, i.e. has the next z coordinate”), each horizontal step being an area located at a defined vertical position along a vertical axis (Para. 0039, “If intersection points, which are arranged in different shifting positions (or z-positions) are connected, a spiral is obtained”), wherein any two horizontal steps that are adjacent in their vertical positions are offset in an angular direction around the vertical axis by an offset angle, and wherein a leading edge of each horizontal step is aligned with a trailing edge of its adjacent horizontal step when viewed along the vertical axis (Fig. 6, Para. 0082, “This procedure is illustrated exemplarily in FIG. 6. Here too, the four axes A1, A2, A3 and A4 are drawn in again, as are the intersection points 31 resulting for the various shifting positions wherein, due to the projection, this cannot be seen in FIG. 6. Angle values are allocated to each axis A1 to A4. Axis A1 has the angle values φ.sub.7 and φ.sub.3, axis A2 the angle values φ.sub.8 and φ.sub.4, axis A3 the angle values φ.sub.1 and φ.sub.8 and axis A4 the angle values φ.sub.2 and φ.sub.6. The two angle values of each axis differ by an angle of 180°. Alternatively it would also be possible to work with semi-axes. Each axis would then have its own angle value, and the number of axes would be doubled”).
Regarding Claim 12, Bischoff teaches the ophthalmic laser surgical system of Claim 11, wherein the boundary incision surface is a cylindrical surface (Para. 0031, “The cylinder axis is perpendicular to the reference plane. The method saves a great deal of computational effort, particularly if all axes intersect on the cylinder axis. A symmetry of the cutting surface can be advantageously utilized if, furthermore, the cylinder axis runs from the vertex to the centre of the border of the cutting surface. With respect to the use on the laser device, it is moreover preferable if the cylinder axis coincides with the z-axis of the scanning device”).
Regarding Claim 13, Bischoff teaches the ophthalmic laser surgical system of Claim 12, wherein the boundary incision surface is a round cylindrical surface, and wherein each horizontal step has a shape of a sector of a circle (Para. 0081, “If, instead of a set of closed path curves 34a, it is desired to obtain a spiral 34b which is based on contour lines, adjacent-angle intersection points 31 are also connected, wherein however at least within a 360° rotation, the shifting position is changed once, i.e. an intersection point 31 which has been determined with one z coordinate is connected to an intersection point 31 which lies in the next shifting position, i.e. has the next z coordinate”) bound by the cylindrical surface (Para. 0077, “For the cutting surface F axes are now defined, which do not lie parallel to each other and, in the described embodiment, run through the cylinder axis Z which, in the representation in FIG. 5, lies perpendicular to the drawing plane and is given the reference “Z”. In the example in FIG. 5 four axes A1, A2, A3 and A4 are drawn”).
Regarding Claim 14, Bischoff teaches the ophthalmic laser surgical system of Claim 13, wherein the plurality of horizontal steps have equal angular sizes, and wherein the offset angles between adjacent horizontal steps are equal to each other throughout the spiral incision and are equal to the angular size of the horizontal steps (Para. 0082, “Angle values are allocated to each axis A1 to A4. Axis A1 has the angle values φ.sub.7 and φ.sub.3, axis A2 the angle values φ.sub.8 and φ.sub.4, axis A3 the angle values φ.sub.1 and φ.sub.8 and axis A4 the angle values φ.sub.2 and φ.sub.6. The two angle values of each axis differ by an angle of 180°”).
Regarding Claim 15, Bischoff teaches the ophthalmic laser surgical system of Claim 11, wherein vertical distances between adjacent horizontal steps are equal to each other throughout the spiral incision (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4. This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Regarding Claim 16, Bischoff teaches the ophthalmic laser surgical system of Claim 11, wherein the step of controlling a scanner to scan the focal spot includes forming a plurality of layers within the lens, wherein each layer is located at a defined vertical position, and includes a closed curve which is a cross-section of the boundary incision surface and a filled area forming one of the horizontal steps (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4. This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Regarding Claim 17, Bischoff teaches the ophthalmic laser surgical system of Claim 16, wherein the closed curve is a circle, and the filled area is a sector of the circle and is formed by scanning the focal spot along a plurality of radial lines or along a plurality of arcs (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4. This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Regarding Claim 18, Bischoff teaches the ophthalmic laser surgical system of Claim 17, wherein for a given layer i, a vertical position Zi of the layer i is Zi=Zo+i*d, where Zo is a constant and d is a vertical distance between adjacent layers (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4”) and an angular position theta(i) is theta(i)=theta(o)+i*a, where theta(o) is a constant and a is an offset angle between horizontal steps (Para. 0082, “Angle values are allocated to each axis A1 to A4. Axis A1 has the angle values φ.sub.7 and φ.sub.3, axis A2 the angle values φ.sub.8 and φ.sub.4, axis A3 the angle values φ.sub.1 and φ.sub.8 and axis A4 the angle values φ.sub.2 and φ.sub.6. The two angle values of each axis differ by an angle of 180°”).
Regarding Claim 20, Bischoff teaches the ophthalmic laser surgical system of Claim 11, wherein the lens segmentation pattern further includes a top incision and/or a bottom incision (Para. 0068, “In order now to carry out a correction of defective vision, material is removed from a region within the cornea 5 by application of the pulsed laser radiation by cutting tissue layers to isolate the material and then make it possible for material to be removed” Examiner notes that as the material is removed, there must be an incision to allow the removal of the material), and wherein the three-dimensional spiral volume is located in a center portion of the lens (Para. 0014, “A selective change of the refractive power of the cornea is thereby achieved. This change is localized, i.e. in the area of the cornea from which the tissue volume is removed. The pupil of the eye is usually taken as a basis”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication 20190201097 awarded to Bischoff et al, hereinafter Bischoff in view of U.S. Patent Publication 20210386586 awarded to Bor, hereinafter Bor.
Regarding Claim 1, Bischoff teaches a method for treating an eye (abstract) comprising: a pulsed laser source configured to generate a pulsed laser beam (Para. 0057, “the treatment laser radiation 2 is applied as a pulsed laser beam focused into the eye 3”); an optical delivery system including a scanner, configured to delivering a focal spot of the pulsed laser beam to the eye (Para. 0069, “The xy scanner thus effects a shifting of the position of the focus 6 substantially perpendicular to the main direction of incidence of the laser radiation 2 into the cornea 5. To shift the depth position a z scanner is provided in addition to the xy scanner. The z scanner ensures that the z position of the focus 6 position, i.e. its position on the optical incidence axis, can be changed”); and a controller connected to the laser source and the optical delivery system, configured to controls the laser source and the scanner to scan the focal spot of the pulsed laser beam within a lens of the eye (Para. 0072, “To control the position of the focus 6, the xy scanner as well as the z scanner, which together realize some example of a three-dimensional focus-shifting device, are controlled by a control apparatus provided in the treatment apparatus (or separately). The same applies to the laser”) according to a lens segmentation pattern to form a three-dimensional spiral volume in the lens (Para. 0039, “The procedure described above can equally be used for the production of closed concentric path curves, which at least approximate contour lines of the cutting surface, and for the production of a spiral which is based on such contour lines or path curves”), including to: form a boundary incision surface defining an outer boundary of the lens segmentation pattern (Para. 0080, “The interpolation is carried out piecewise and designed so that the individual pieces join together smoothly, i.e. continuously differentiably. This can for example be achieved in that a boundary condition of the interpolation requires to form at each intersection point the slope as a tangent to the respective radius”); and form a spiral incision surface located within the outer boundary, wherein the spiral incision surface includes a plurality of horizontal steps (Para. 0081, “If, instead of a set of closed path curves 34a, it is desired to obtain a spiral 34b which is based on contour lines, adjacent-angle intersection points 31 are also connected, wherein however at least within a 360° rotation, the shifting position is changed once, i.e. an intersection point 31 which has been determined with one z coordinate is connected to an intersection point 31 which lies in the next shifting position, i.e. has the next z coordinate”), each horizontal step being an area located at a defined vertical position along a vertical axis (Para. 0039, “If intersection points, which are arranged in different shifting positions (or z-positions) are connected, a spiral is obtained”), wherein any two horizontal steps that are adjacent in their vertical positions are offset in an angular direction around the vertical axis by an offset angle, and wherein a leading edge of each horizontal step is aligned with a trailing edge of its adjacent horizontal step when viewed along the vertical axis (Fig. 6, Para. 0082, “This procedure is illustrated exemplarily in FIG. 6. Here too, the four axes A1, A2, A3 and A4 are drawn in again, as are the intersection points 31 resulting for the various shifting positions wherein, due to the projection, this cannot be seen in FIG. 6. Angle values are allocated to each axis A1 to A4. Axis A1 has the angle values φ.sub.7 and φ.sub.3, axis A2 the angle values φ.sub.8 and φ.sub.4, axis A3 the angle values φ.sub.1 and φ.sub.8 and axis A4 the angle values φ.sub.2 and φ.sub.6. The two angle values of each axis differ by an angle of 180°. Alternatively it would also be possible to work with semi-axes. Each axis would then have its own angle value, and the number of axes would be doubled”). Bischoff does not teach wherein the removed lens portion is a cataract or in a cataractous eye, but does teach correcting the vision of an eye by correcting the shape of the eye (Para. 0016, “As already explained, for the eye-surgical correction of defective vision the curvature which the front surface of the cornea has after correction is decisive for the corrective effect. This surface shape therefore needs to be taken into consideration during the correction of defective vision isolating the volume”) to correct refractive concerns in the eye (Para. 0014).
However, in the art of ophthalmic laser surgical systems, Bor teaches the usage of a spiral treatment pattern (Para. 0050) to a cataractous lens of an eye (Para. 0012) to adjust the refractive properties of the eye (Para. 0047).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bischoff by Bor, i.e. by using the system of Bischoff to remove a cataractous lens of an eye as in Bor, as Bischoff teaches the need to remove volumes to improve refractive properties of the eye and Bor notes that removal of cataracts leads to improved refractive properties. Bischoff’s system likewise benefits cataract removals such as Bor’s, as Bischoff provides a method for precision cutting resulting in an improved corrective effect.
Regarding Claim 2, Bischoff modified by Bor makes obvious the method of Claim 1. Bischoff further teaches wherein the boundary incision surface is a cylindrical surface (Para. 0031, “The cylinder axis is perpendicular to the reference plane. The method saves a great deal of computational effort, particularly if all axes intersect on the cylinder axis. A symmetry of the cutting surface can be advantageously utilized if, furthermore, the cylinder axis runs from the vertex to the centre of the border of the cutting surface. With respect to the use on the laser device, it is moreover preferable if the cylinder axis coincides with the z-axis of the scanning device”).
Regarding Claim 3, Bischoff modified by Bor makes obvious the method of Claim 2. Bischoff further teaches wherein the boundary incision surface is a round cylindrical surface, and wherein each horizontal step has a shape of a sector of a circle (Para. 0081, “If, instead of a set of closed path curves 34a, it is desired to obtain a spiral 34b which is based on contour lines, adjacent-angle intersection points 31 are also connected, wherein however at least within a 360° rotation, the shifting position is changed once, i.e. an intersection point 31 which has been determined with one z coordinate is connected to an intersection point 31 which lies in the next shifting position, i.e. has the next z coordinate”) bound by the cylindrical surface (Para. 0077, “For the cutting surface F axes are now defined, which do not lie parallel to each other and, in the described embodiment, run through the cylinder axis Z which, in the representation in FIG. 5, lies perpendicular to the drawing plane and is given the reference “Z”. In the example in FIG. 5 four axes A1, A2, A3 and A4 are drawn”).
Regarding Claim 4, Bischoff modified by Bor makes obvious the method of Claim 3. Bischoff further teaches wherein the plurality of horizontal steps have equal angular sizes, and wherein the offset angles between adjacent horizontal steps are equal to each other throughout the spiral incision and are equal to the angular size of the horizontal steps (Para. 0082, “Angle values are allocated to each axis A1 to A4. Axis A1 has the angle values φ.sub.7 and φ.sub.3, axis A2 the angle values φ.sub.8 and φ.sub.4, axis A3 the angle values φ.sub.1 and φ.sub.8 and axis A4 the angle values φ.sub.2 and φ.sub.6. The two angle values of each axis differ by an angle of 180°”).
Regarding Claim 5, Bischoff modified by Bor makes obvious the method of Claim 1. Bischoff further teaches wherein vertical distances between adjacent horizontal steps are equal to each other throughout the spiral incision (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4. This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Regarding Claim 6, Bischoff modified by Bor makes obvious the method of Claim 1. Bischoff further teaches wherein the step of controlling a scanner to scan the focal spot includes forming a plurality of layers within the lens, wherein each layer is located at a defined vertical position, and includes a closed curve which is a cross-section of the boundary incision surface and a filled area forming one of the horizontal steps (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4. This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Regarding Claim 7, Bischoff modified by Bor makes obvious the method of Claim 6. Bischoff further teaches wherein the closed curve is a circle, and the filled area is a sector of the circle and is formed by scanning the focal spot along a plurality of radial lines or along a plurality of arcs (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4. This change is repeated at the next rotation, with the result that overall a spiral 34b is obtained, which follows contour lines between angles φ.sub.4 and φ.sub.3, i.e. remains at the same z coordinate, and passes over into the next shifting position, i.e. the next z coordinate or plane between angles φ.sub.3 and φ.sub.4”).
Regarding Claim 8, Bischoff modified by Bor makes obvious the method of Claim 7. Bischoff further teaches wherein for a given layer i, a vertical position Zi of the layer i is Zi=Zo+i*d, where Zo is a constant and d is a vertical distance between adjacent layers (Fig. 6, Para. 0084, “In the embodiment described here these interpolation pieces all still lie at the same z-coordinate, i.e. in the same shifting position of the axes. In the example shown, a change to the next shifting position first occurs between angles φ.sub.3 and φ.sub.4”) and an angular position theta(i) is theta(i)=theta(o)+i*a, where theta(o) is a constant and a is an offset angle between horizontal steps (Para. 0082, “Angle values are allocated to each axis A1 to A4. Axis A1 has the angle values φ.sub.7 and φ.sub.3, axis A2 the angle values φ.sub.8 and φ.sub.4, axis A3 the angle values φ.sub.1 and φ.sub.8 and axis A4 the angle values φ.sub.2 and φ.sub.6. The two angle values of each axis differ by an angle of 180°”).
Regarding Claim 9, Bischoff modified by Bor makes obvious the method of Claim 6. Bischoff does not teach wherein a vertical distance between adjacent layers is equal to an average spot-to-spot distance of the focal spots within each layer.
However, Bor teaches “For spot separation in the z-direction, the z-separation may be around or larger than the depth of focus of the laser beam” as one of the values to be varied based on a particular need of the specific application (Para. 0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Bischoff modified by Bor, i.e. by adjusting the z-separation in Bischoff as done in Bor, as Bor teaches this is a known parameter configuration to be determined by one of ordinary skill for the particular need of the removed lens.
Regarding Claim 10, Bischoff modified by Bor makes obvious the method of Claim 1. Bischoff further teaches wherein the lens segmentation pattern further includes a top incision and/or a bottom incision (Para. 0068, “In order now to carry out a correction of defective vision, material is removed from a region within the cornea 5 by application of the pulsed laser radiation by cutting tissue layers to isolate the material and then make it possible for material to be removed” Examiner notes that as the material is removed, there must be an incision to allow the removal of the material), and wherein the three-dimensional spiral volume is located in a center portion of the lens (Para. 0014, “A selective change of the refractive power of the cornea is thereby achieved. This change is localized, i.e. in the area of the cornea from which the tissue volume is removed. The pupil of the eye is usually taken as a basis”).
Regarding Claim 19, Bischoff teaches the ophthalmic laser surgical system of Claim 11. Bischoff does not teach wherein a vertical distance between adjacent layers is equal to an average spot-to-spot distance of the focal spots within each layer.
However, Bor teaches “For spot separation in the z-direction, the z-separation may be around or larger than the depth of focus of the laser beam” as one of the values to be varied based on a particular need of the specific application (Para. 0035).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bischoff by Bor, i.e. by adjusting the z-separation in Bischoff as done in Bor, as Bor teaches this is a known parameter configuration to be determined by one of ordinary skill for the particular need of the removed lens.
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 Jess Mullins whose telephone number is (571)-272-8977. The examiner can normally be reached between the hours of 9:00 a.m. to 5:00 p.m. PST M-F.
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/JLM/
Examiner, Art Unit 3792
/ALLEN PORTER/Primary Examiner, Art Unit 3796
Prosecution Insights