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 have been fully considered and are persuasive. This is a second non-final rejection.
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 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.
Claim(s) 1, 4, 5, 6, 8, 9, 10, 13, 14, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180353769 A1 (hereinafter Smith) in view of US9713423B2 (Irsch), and further in view of AU 2019226116 B2 (Andersen).
Regarding claim 1, Smith teaches an apparatus (100) for monitoring and treating cataracts, the apparatus (100) comprising: “a monitoring light source (50) configured to monitor cataracts by emitting monitoring light in the wavelength range of 350 to 410 nm to excite fluorescence light in the cataracts” (fig. 6 element 4, using 360 nm excitation LED) “a treating light source (40) configured to treat cataracts by emitting treating light in the wavelength range of 400 to 570 nm to irradiate the cataracts” (fig. 6 element 2, using 470 nm) “a wavelength selection system (20) configured to monitor cataracts by selecting wavelengths of the excited fluorescence light in the cataracts” (fig. 6 element 20, para [0063] lines 5-11).
Smith does not teach a dichroic beam splitter (70) configured to reflect the monitoring light and the treating light along a common optical axis towards the cataracts and reflect the excited fluorescence light in the cataracts along the common optical axis towards the wavelength selection system (20) wherein the dichroic beam splitter (70) is arranged at 45 degrees to the common optical axis to allow light, which has wavelengths longer than wavelengths of the monitoring light, the treating light and the excited fluorescence light, to pass through to an operator of the apparatus (100) for a check on a patient's eye.
Irsch, from the same field of endeavor as Smith, teaches the dichroic beam splitter (70) is arranged at 45 degrees (fig. 3 element 30; col 9 lines 35-38).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Irsch to Smith to have the dichroic beam splitter (70) is arranged at 45 degrees in order to prevent stray noise light noise within the instrument (col 8 lines 4-5).
Smith, when modified by Irsch, does not teach “teach a dichroic beam splitter (70) configured to reflect the monitoring light and the treating light along a common optical axis towards the cataracts and reflect the excited fluorescence light in the cataracts along the common optical axis towards the wavelength selection system (20) wherein the dichroic beam splitter (70) is at the common optical axis to allow light, which has wavelengths longer than wavelengths of the monitoring light, the treating light and the excited fluorescence light, to pass through to an operator of the apparatus (100) for a check on a patient's eye”.
Smith and Irsh are silent to “the dichroic limitation”. However, it is well-known in the art of ocular treatment and measurement to arrange mirrors and optics to allow for a user to additionally check on a patient’s eye while it is being treated/measured (see prior art below, for reference).
For example, AU 2019226116 B2 (Andersen) teaches using a dichroic mirror (figs. 11-12, p. 8 para 2 line 35 to p. 10 para 1 line 8) to reflect treatment and measurement light to the eye (figs. 11-12, p. 8 para 2 line 35 to p. 10 para 1 line 8), and reflects measurement light in from the cataracts toward a wavelength selection system, and also allows other light to pass through the dichroic beam splitter to allow the operator to check on a patient’s eye (figs. 11-12 element V, figs. 11-12, p. 8 para 2 line 35 to p. 10 para 1 line 8).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Andersen to Smith, when modified by Irsh to have a dichroic mirror to reflect treatment and measurement light to the eye, and reflects measurement light in from the cataracts toward a wavelength selection system, and also allows other light to pass through the dichroic beam splitter to allow the operator to check on a patient’s eye in order to visualize the eye of the patient (p. 9 lines 14-17).
Regarding claim 4, Smith teaches the apparatus (100) of claim 1, wherein the wavelength selection system (20) comprises any one or a combination of any one of a linear variable interference filter (para [0064] lines 4-5), a diffraction grating and a refractive prism.
Regarding claim 5, Smith teaches the apparatus (100) of claim 4, wherein the linear variable interference filter (22) comprises a tuneable bandpass interference filter operable in the wavelength range of 320 to 560 nm (para [0064] last sentence; the filter is tunable to all wavelengths in the device).
Regarding claim 6, Smith teaches the apparatus (100) of claim 5, wherein the tuneable bandpass interference filter comprises a wedge filter (22) (para [0063] lines 7-8).
Regarding claim 8, Smith teaches the apparatus (100) of any one of claims 4 to 6[[7]], wherein the apparatus (100) further comprises a detector (10) (fig. 1 PMT 22).
Regarding claim 9, Smith teaches the apparatus (100) of any one of claims 4 to 6, wherein the linear variable interference filter is operable from a fixed position on the common optical axis (fig. 1 shows element 20 is at fixed position).
Regarding claim 10, Smith teaches the apparatus (100) of any one of claims 4 to 6 and claim 9, wherein the apparatus (100) further comprises a one-dimensional or a two-dimensional array of detectors (10) (the PMT 22 has at least one-dimensional array).
Regarding claim 13, Smith teaches the apparatus (100) of any one of claims 1, 2 and 4 to 6, wherein the apparatus (100) is configured to simultaneously monitor cataracts using the monitoring light source (50) and treat cataracts using the treating light source (40) (para [0011]).
Regarding claim 14, Smith teaches the apparatus (100) of any one of claims 1, 2 and 4 to 6, the apparatus (100) further comprising a treating dichroic beam splitter (44) operable to reflect the emitted treating light onto the cataracts (fig. 1 element 12).
Regarding claim 21, Smith teaches a system (300) for use in monitoring and treating cataracts, the system comprising an apparatus (100) for monitoring and treating cataracts and an electronic device (200) (fig. 6), the apparatus (100) comprising: - “a monitoring light source (50) configured to monitor cataracts by emitting monitoring light in the wavelength range of 350 to 410 nm to excite fluorescence in the cataracts” (fig. 6 element 4, using 360 nm excitation LED)– “a treating light source (40) configured to treat cataracts by emitting treating light in the wavelength range of 400 to 570 nm to irradiate the cataracts” (fig. 6 element 2, using 470 nm)- “a wavelength selection system (20) configured to monitor cataracts by selecting wavelengths of the excited fluorescence light in the cataracts” (fig. 6 element 20, para [0063] lines 5-11) and –and “the electronic device (200) comprising a data storage and processing device (210) adapted for communication with the wavelength selection system (20) of the apparatus (100)” (fig. 7 shows data of the device and this means the device of Smith has electronic device (200) comprising a data storage and processing device (210) adapted for communication with the wavelength selection system (20)), and being configured: “(i) to manage the power supply of either or both of the monitoring light source (50) and the treating light source (40)” (para [0071] lines last sentence), “(ii) to control exposure times for exciting fluorescence light in the cataracts with the monitoring light source (50)” (para [0069] lines 1-6) “(iii) to control exposure times for irradiation of the cataracts with the treating light source (40)” (para [0071] lines 1-4), and “(iii) to select an operating mode of the apparatus (100)” (para [0069] last sentence).
Smith does not teach a dichroic beam splitter (70) configured to reflect the monitoring light and the treating light along a common optical axis towards the cataracts and reflect the excited fluorescence light in the cataracts along the common optical axis towards the wavelength selection system (20) wherein the dichroic beam splitter (70) is arranged at 45 degrees to the common optical axis to allow light, which has wavelengths longer than wavelengths of the monitoring light, the treating light and the excited fluorescence light, to pass through to an operator of the apparatus (100) for a check on a patient's eye.
Irsch, from the same field of endeavor as Smith, teaches the dichroic beam splitter (70) is arranged at 45 degrees (fig. 3 element 30; col 9 lines 35-38).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Irsch to Smith to have the dichroic beam splitter (70) is arranged at 45 degrees in order to prevent stray noise light noise within the instrument (col 8 lines 4-5).
Smith and Irsh are silent to “the dichroic limitation”. However, it is well-known in the art of ocular treatment and measurement to arrange mirrors and optics to allow for a user to additionally check on a patient’s eye while it is being treated/measured (see prior art below, for reference).
For example, AU 2019226116 B2 (Andersen) teaches using a dichroic mirror (figs. 11-12, p. 8 para 2 line 35 to p. 10 para 1 line 8) to reflect treatment and measurement light to the eye (figs. 11-12, p. 8 para 2 line 35 to p. 10 para 1 line 8), and reflects measurement light in from the cataracts toward a wavelength selection system, and also allows other light to pass through the dichroic beam splitter to allow the operator to check on a patient’s eye (figs. 11-12 element V, figs. 11-12, p. 8 para 2 line 35 to p. 10 para 1 line 8).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Andersen to Smith, when modified by Irsh to have a dichroic mirror to reflect treatment and measurement light to the eye, and reflects measurement light in from the cataracts toward a wavelength selection system, and also allows other light to pass through the dichroic beam splitter to allow the operator to check on a patient’s eye in order to visualize the eye of the patient (p. 9 lines 14-17).
Regarding claim 22, Smith teaches the system (300) of claim 21, wherein the operating mode of the apparatus (100) is selected from – “a monitoring mode when the electronic device (200) manages and controls the power supply and the exposure time of the monitoring light source (50)” (para [0069] lines 1-3) or – “a treatment mode when the electronic device (200) manages and controls the power supply and the exposure time of the treating light source (40)” (para [0071]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Irsch, and Andersen as applied to claim(s) 1 above, and in view of Mega, A., et al., WO 2014181744 A1 (hereinafter Mega).
Regarding claim 2, the modified device of Smith teaches the apparatus (100) of claim 1, wherein the monitoring light source (50) comprises a non-lasing LED light source to excite fluorescence light in the cataracts (para [0061] col 2 lines 1-3).
The modified device of Smith does not disclose an operable to emit light in the wavelength range of 350 to 410 nm, preferably in the wavelength range of 360 to 370 nm and more preferably at 365 nm to excite fluorescence light.
Mega, from the same field of endeavor as Smith, teaches an operable to emit light in the wavelength range of 350 to 410 nm, preferably in the wavelength range of 360 to 370 nm and more preferably at 365 nm to excite fluorescence light (p. 6 para 4 lines 4-6).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Mega to the modified device of Smith to have an operable to emit light in the wavelength range of 350 to 410 nm, preferably in the wavelength range of 360 to 370 nm and more preferably at 365 nm to excite fluorescence light in order to obtain a stable measurement (p. 5 para 2 last line).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Irsch, and Andersen as applied to claim(s) 1 above, and in view of Kessel, L., et al., US 20110202114 A1 (hereinafter Kessel).
Regarding claim 3, the modified device of Smith does not teach the apparatus (100) of any of the preceding claims, wherein the treating light source (40) comprises a non-lasing LED light source (para [0061] lines 1-4) to irradiate the cataracts
The modified device of Smith does not teach an operable to emit light in the wavelength range of 400 to 570 nm, preferably in the wavelength range of 410 to 420 nm and more preferably at 415 nm.
Kessel, from the same field of endeavor as Smith, teaches an operable to emit light in the wavelength range of 400 to 570 nm, preferably in the wavelength range of 410 to 420 nm and more preferably at 415 nm (para [0393]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Kessel to the modified device of Smith to have an operable to emit light in the wavelength range of 400 to 570 nm, preferably in the wavelength range of 410 to 420 nm and more preferably at 415 nm in order to avoid or minimize cavitation, mechanical effects, acoustic effects, and/or thermal effects on molecules, components, or cells that do not form a target for the treatment (para [0388]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Irsch, and Andersen, as applied to claim(s) 4-6 above, and in view of Watanabe, S., et al., US3973725A (hereinafter Watanabe).
Regarding claim 7, the modified device of Smith does not teach the apparatus (100) of any one of claims 4 to 6, wherein the wavelength selection system (20) further comprises a linear drive operable to move the linear variable interference filter along an axis perpendicular to the common optical axis.
Watanabe, from the same field of endeavor as Smith, teaches the apparatus (100) of any one of claims 4 to 6, wherein the wavelength selection system (20) further comprises a linear drive operable to move the linear variable interference filter along an axis perpendicular to the common optical axis (col 4 lines 13-18).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Kessel to the modified device of Smith to have the apparatus (100) of any one of claims 4 to 6, wherein the wavelength selection system (20) further comprises a linear drive operable to move the linear variable interference filter along an axis perpendicular to the common optical axis in order to undergo spectral analysis (col 4 lines 13-18).
Claim(s) 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Irsch, and Andersen, as applied to claim(s) 4-6 above, and in view of Kuang, C. et al., CN 104614318 A (hereinafter Kuang).
Regarding claim 11, Smith does not teach the apparatus (100) of any one of claims 4 to 6[[10]], wherein the wavelength selection system (20) further comprises a phase-sensitive detection system operable at the same pulse frequency as a pulse frequency of the monitoring light source (50) to separate wavelengths of the excited fluorescence light from wavelengths of ambient light.
Kuang, from the same field of endeavor as Smith, teaches the apparatus (100) of any one of claims 4 to 6, wherein the wavelength selection system (20) further comprises a phase-sensitive detection system operable at the same pulse frequency as a pulse frequency of the monitoring light source (50) to separate wavelengths of the excited fluorescence light from wavelengths of ambient light (fig. 1 dichroic mirror 17 reflecting light to the phase detection module 11 which corresponds to the wavelength selection system (20)).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Kuang to Smith, to have the apparatus (100) of any one of claims 4 to 6[[10]], wherein the wavelength selection system (20) further comprises a phase-sensitive detection system operable at the same pulse frequency as a pulse frequency of the monitoring light source (50) to separate wavelengths of the excited fluorescence light from wavelengths of ambient light in order to modulate light beam frequency of the first light source (p. 9 para 6 lines 5-7).
Regarding claim 12, Smith does not teach the apparatus (100) of claim 11, wherein the phase-sensitive detection system comprises a lock-in amplifier.
Kuang, from the same field of endeavor as Smith, teaches the apparatus (100) of claim 11, wherein the phase-sensitive detection system comprises a lock-in amplifier (p. 5 para 9 line 4).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Kuang to Smith, to have the apparatus (100) of claim 11, wherein the phase-sensitive detection system comprises a lock-in amplifier in order to modulate light beam frequency of the first light source (p. 9 para 6 lines 5-7).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Irsch, and Andersen, as applied to claim(s) 1 above, and in view of Luttrull, J., et al., US 20160287443 A1 (hereinafter Luttrull).
Regarding claim 15, the modified device of Smith does not teach the apparatus (100) of any one of claims 1,2 and 4 to 6, wherein the apparatus (100) further comprises a MEMS mirror system operable to move the emitted treating light around various parts of the cataract.
Luttrull, from the same field of endeavor as Smith, teaches the apparatus (100) of any one of claims 1,2 and 4 to 6, wherein the apparatus (100) further comprises a MEMS mirror system operable to move the emitted treating light around various parts of the cataract (para [0109] lines 1-10).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Luttrull to the modified device of Smith to have the apparatus (100) of any one of claims 1,2 and 4 to 6, wherein the apparatus (100) further comprises a MEMS mirror system operable to move the emitted treating light around various parts of the cataract in order to correctly reflect the laser on the retina of the patience (para [0109] lines 1-10).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith, Irsch, and Andersen, as applied to claim(s) 22 above, and in view Buttenschoen, Kim K., John M. Girkin, and Daniel J. Daly. "Measurement and quantification of fluorescent changes in ocular tissue using a novel confocal instrument." Biophotonics: Photonic Solutions for Better Health Care IV. Vol. 9129. SPIE, 2014 (hereinafter Buttenschoen).
Regarding claim 23, the modified apparatus of Smith does not teach the system of claim 22, wherein the monitoring mode of the apparatus (100) comprises any one or a combination of any one of a spectral scan mode or a ratio scan mode.
Buttenschoen, from the same field of endeavor as Smith, teaches the system of claim 22, wherein the monitoring mode of the apparatus (100) comprises any one or a combination of any one of a spectral scan mode (this is shown in fig. 4) or a ratio scan mode.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Buttenschoen to the modified apparatus of Smith to have the system of claim 22, wherein the monitoring mode of the apparatus (100) comprises any one or a combination of any one of a spectral scan mode or a ratio scan mode in order to allow for non-invasive measurement of reflection and fluorescence from within the eye (p. 2 para 5 lines 1-2).
Additional Prior Art
1. AU 2013341289 A1, discloses using dichroic beam splitter similar to Andersen (p. 12 lines 13-20).
2. US20110245814A1, teaches using dichroic beam splitter similar to Andersen (fig. 2 element 258).
CN 106680260 A (Liu) teaches a dichroic beam splitter with cut-off wavelength from 530-650 nm (figs. 1-2 element 3 p. 4 para 2 lines 8-10).
Conclusion
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/ROBERTO FABIAN JR/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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