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 Objections
Claims 9, 10, 21 and 24 are objected to because of the following informalities:
Claim 9, lines 6-7 – “a x-axis” is presumed to be intended as “an x-axis”.
Claim 10, lines 2-3 – “the one-dimensional x-axis scanning mirror 302” is presumed to be intended as “the one-dimensional x-axis scanning mirror (302)”.
b. Claim 21, line 5 – “an form” is presumed to be intended as “a form”.
c. Claim 24, last clause of p. 11 – “a time intervals” is presumed to be intended as “a time interval” or “time intervals”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 12-36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
There is insufficient antecedent basis for the following limitations in the claims:
Claim 3 – “the galvo scanning mirror”
Claim 12 – “the x-axis electrical signal generator”
Claim 13 – “the y-axis electrical signal generator”
Claim 14 – “the electrical signal”
Claims 15-16 – “the electrical sinusoidal wave”, “the frequency-increasing positive-ramp sawtooth wave”
Claim 16 – “the frequency-increasing sinusoidal wave”
Claim 20 – “the scanning mirror”, “the electrical signal generator”, “the hybrid wave”, “the ramp waveform”, “the target surface”, “the x-axis”, “the light”
Claim 22 – “the form”
Claim 23 – “the electrical signals”
Claim 24 – “the direct current (DC) offset voltage”, “the positive ramp sawtooth wave”, “the peak frequency”, “the time interval”
Claim 25 – “the scan pattern/protocol”, “up-chirp or down-chirp waveform”
Claim 31 is drawn to a method of operating the system of claim 28, which is drawn to a surface scanning system configured to perform the method according to claim 24, which is drawn to a surface scanning method for generating wide and dynamic time intervals between surface scans. It is unclear which statutory category of invention into which claim 31 falls. See MPEP 2106.03, 2173.05(p).
Claims 17-19, 21, 26-30 and 32-36 are also rejected by virtue of their dependency.
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 1-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cable et al. (US 2014/0028997), of record.
Regarding claim 1, Cable discloses a surface scanning system (Figs. 1-54) to generate a wide and dynamic interval between scans to be used in a point imaging process of surface scan patterns, comprising
A collimator (101) (Figs. 1-2; 3520, Fig. 35) that transforms a light or an electromagnetic radiation generated from a light source (100) (110, Fig. 1) into collimated light or light beam (102),
At least one scanning mirror (103) (Figs. 1-2) that moves in one or two dimensions and allows the incident collimated light or light beam (102) to be reflected,
At least one electrical signal generator (106) (Figs. 1-2; 2630, Fig. 26) that generates electrical signals in different waveforms calculated using numerical model (para. [0121]), determines a rotation angle of the scanning mirror (103) with a voltage of the generated electrical signals (para. [0089]), drives the scanning mirror (103) (para. [0133]), and performs unidirectional or bidirectional surface scans with the collimated light or light beam (102) by the scanning mirror (103) it drives (para. [0116]),
A focusing lens (104) (para. [0160]) that enables scanning a target surface (105) by focusing the collimated light or light beam (102) to different points with the scanning mirror (103) driven by the electrical signal generator (106) (Figs. 1-2).
Regarding claim 2, Cable discloses wherein the electrical signal generator (106) is an RF signal generator, function generator, random bit generator, or bit pattern generator (paras. [0133, 0188]).
Regarding claim 3, Cable discloses wherein the scanning mirror (103) is at least one of the galvo scanning mirror, resonance scanning mirror, or micro-electromagnetic systems (MEMS) based scanning mirror (paras. [0099-0100, 0167]).
Regarding claim 4, Cable discloses wherein the focusing lens (104) is a wide-angle scanning lens (para. [0160]).
Regarding claim 5, Cable discloses wherein the scanning mirror (103) is a two-dimensional scanning mirror (201) that enables the target surface (105) to be driven with fast electrical signals to perform surface scanning on any of its axes or a combination of an x-axis and y-axis (para. [0089]).
Regarding claim 6, Cable discloses an electrical signal generator (202) that drives a two-dimensional scanning mirror (201) to provide scanning in the x-axis (Fig. 1; para. [0089]).
Regarding claim 7, Cable discloses an electrical signal generator (202) that drives a two-dimensional scanning mirror (201) to provide scanning in the y-axis (Fig. 1; para. [0089]).
Regarding claim 8, Cable discloses two scanning mirrors (103) (Figs. 1-2; paras. [0099, 0111]).
Regarding claim 9, Cable discloses wherein one of the scanning mirrors (103) is a one-dimensional y-axis scanning mirror (301) that can scan a y-axis of the target surface (105) by being driven with a y-axis electrical signal generator (203) and reflecting the collimated light or light beam (102), and the other one is a one-dimensional x-axis scanning mirror (302) that can scan a x-axis of the target surface (105) by being driven with a x-axis electrical signal generator (202) and reflecting the collimated light or light beam (102) (Figs. 1-2; paras. [0089, 0099, 0111, 0118]).
Regarding claim 10, Cable discloses comprising the x-axis electrical signal generator (202) driving the one-dimensional x-axis scanning mirror 302 and the y-axis electrical signal generator (203) driving the one-dimensional y-axis scanning mirror (301), using a phase lock or 10 MHz reference clock or a combination of the phase lock and 10 MHz reference lock to work in a same temporal space, or clock signal (para. [0115]).
Regarding claim 11, Cable discloses wherein the voltage of the electrical signals generated by the electrical signal generator (106) is within ±V with respect to time (paras. [0103, 0123-0125]).
Regarding claim 12, Cable discloses wherein the voltage of the electrical signals generated by the x-axis electrical signal generator (202) is within ±V with respect to time (paras. [0103, 0123-0125]).
Regarding claim 13, Cable discloses wherein the voltage of the electrical signals generated by the y-axis electrical signal generator (203) is within ±V with respect to time (paras. [0103, 0123-0125]).
Regarding claim 14, Cable discloses the electrical signal generator (106) configured to generate the electrical signal at least one waveform selected from the group consisting of: an electrical sinusoidal wave (501), a positive ramp sawtooth wave with a single duty cycle (502), a hybrid wave (503), an electrical triangle wave (701), a frequency-increasing positive-ramp sawtooth wave as a function of time (702), up-chirp triangle wave (703), a frequency-increasing sinusoidal wave with a 90-degree phase shift (901), and frequency-modulated triangle wave (902) (paras. [0089, 0093, 0103, 0123-0125, 0196]).
Regarding claim 15, Cable discloses the x-axis electrical signal generator (202) configured to generate an electrical signal having at least one waveform selected from the group consisting of: the electrical sinusoidal wave (501), positive ramp sawtooth wave with a single duty cycle (502), hybrid wave (503), electrical triangle wave (701), the frequency-increasing positive-ramp sawtooth wave as a function of time (702), up-chirp triangle wave (703), a frequency-increasing sinusoidal wave with a 90-degree phase shift (901), and frequency-modulated triangle wave (902) (paras. [0089, 0093, 0103, 0123-0125, 0196]).
Regarding claim 16, Cable discloses the y-axis electrical signal generator (203) configured to generate an electrical signal having at least one waveform selected from the group consisting of: the electrical sinusoidal wave (501), positive ramp sawtooth wave with a single duty cycle (502), hybrid wave (503), electrical triangle wave (701), the frequency-increasing positive-ramp sawtooth wave as a function of time (702), up-chirp triangle wave (703), the frequency-increasing sinusoidal wave with a 90-degree phase shift (901), and frequency-modulated triangle wave (902) (paras. [0089, 0093, 0103, 0123-0125, 0196]).
Regarding claim 17, Cable discloses wherein the electrical signal generated by the electrical signal generator (106) is in hybrid wave (503) form (paras. [0089, 0103]).
Regarding claim 18, Cable discloses wherein the electrical signal generated by the x-axis electrical signal generator (202) is in a form of an up-chirp triangle wave (703) (paras. [0123-0125]).
Regarding claim 19, Cable discloses wherein the electrical signal generated by the y-axis electrical signal generator (203) is in a form of a frequency-modulated triangular wave (902) (paras. [0093, 0196]).
Regarding claim 20, Cable discloses a surface scanning method (Figs. 1-54) in which a wide and dynamic interscan time interval is generated to be used in a point imaging process of surface scanning patterns, the method comprising the steps of,
driving the scanning mirror (103) or two-dimensional scanning mirror (201) (Figs. 1-2, 6) by the electrical signal generator (106) (Figs. 1-2; 2630, Fig. 26), which provides electrical signal in the hybrid wave (503) form depending on varying a direct current (DC) offset voltage of an electrical sinusoidal wave (501) linearly in time as a function of the positive ramp sawtooth wave with a single duty cycle (502) or as a function of the electrical signal in a ramp waveform (Figs. 3-7; paras. [0115, 0119, 0123]),
creating bidirectional and unidirectional surface scans on any axis of the target surface (105) or a combination of the x-axis and y-axis with the light or light beam (102) directed by the scanning mirror (103) or the two-dimensional scanning mirror (201) driven by the electrical signal generator (106) (paras. [0089, 0116, 0118]).
Regarding claim 21, Cable discloses wherein the method comprises the steps of:
driving the scanning mirror (103) or two-dimensional scanning mirror (201) with an electrical signal generator (106) that provides electrical signals in a form of up-chirp triangle wave (703) (paras. [0123-0125]),
creating bidirectional and unidirectional surface scans on any axis of the target surface (105) or a combination of the x-axis and y-axis with the light or light beam (102) directed by the scanning mirror (103) or the two-dimensional scanning mirror (201) driven by the electrical signal generator (106) (paras. [0089, 0116, 0118]).
Regarding claim 22, Cable discloses wherein the method comprises the steps of:
driving the scanning mirror (103) or the two-dimensional scanning mirror (201) with an electrical signal generator (106) that provides electrical signals in the form of a frequency-modulated triangle wave (902) obtained by frequency deviation from linear frequency increase or linear frequency decrease as a function of time (paras. [0103, 0123-0125]),
creating bidirectional and unidirectional surface scans on any axis of the target surface (105) or a combination of the x-axis and y-axis with the light or light beam (102) directed by the scanning mirror (103) or the two-dimensional scanning mirror (201) driven by the electrical signal generator (106) (paras. [0089, 0116, 0118]).
Regarding claim 23, Cable discloses wherein the electrical signals are analog or digital (para. [0119]).
Regarding claim 24, Cable discloses a surface scanning method for generating wide and dynamic time intervals between surface scans (Figs. 1-54), wherein the method comprises one of the following surface scan patterns/protocols:
Hybrid waveform-based surface scan pattern/protocol (paras. [0089, 0103]), comprising:
generating a hybrid wave by varying the direct current (DC) offset voltage of an electrical sinusoidal signal linearly in time as a function of the positive ramp sawtooth waveform (Figs. 3-7; paras. [0115, 0119, 0123]),
shifting an instantaneous voltage of the electrical sinusoidal signal in time relative to an amplitude of an electrical ramp waveform while maintaining a constant peak-to-peak voltage (Figs. 46-47; paras. [0109, 0119, 0123]),
equalizing a varying speed of the DC offset voltage to a repetition rate of the electrical ramp waveform (paras. [0093-0094, 0097, 0103, 0117-0119]), and driving one of: a one-dimensional scanner for B-scanning (x-axis, z-axis) along an x-axis and a z-axis consisting of a series of A-scans (z-axis or depth) (paras. [0089, 0118]), or a two-dimensional scanner for C-scanning (x-axis, y-axis, z-axis) along x-, y-, and z-axes comprising a series of B-scans (x-axis, z-axis) (paras. [0089, 0118]),
Chirped waveform-based surface scan pattern/protocol (paras. [0123-0125]), comprising:
generating an up-chirp triangle waveform by increasing frequency as a function of time using a positive ramp sawtooth waveform (paras. [0123-0125]),
generating a down-chirp triangle waveform by decreasing frequency as a function of time using a negative ramp sawtooth waveform (paras. [0123-0125]),
defining a width of a time intervals between scans based on sweeping range (para. [0142]),
dynamically defining variation in time intervals based on frequency change rate (para. [0093]), and driving one of: a one-dimensional scanner for B-scanning (x-axis, z-axis) (paras. [0089, 0118]), or a two-dimensional scanner for C-scanning (x-axis, y-axis, z-axis) (paras. [0089, 0118]),
Frequency-modulated waveform-based surface scan pattern/protocol (paras. [0093, 0196]), comprising:
generating a frequency modulated triangle waveform by modulating an electrical triangle waveform using frequency deviation as a function of time in a 90-degree phase shifted sinusoidal form (paras. [0123-0125]),
defining a width of time intervals between scans by a deviation range of the peak frequency (para. [0093]),
dynamically defining a variation of the time interval between scans by a modulation rate (para. [0093]),
dynamically defining variation in time intervals based on a modulation rate (para. [0093]), and driving one of: a one-dimensional scanner for B-scanning (x-axis, z-axis) (paras. [0089, 0118]), or a two-dimensional scanner for C-scanning (x-axis, y-axis, z-axis) (paras. [0089, 0118]).
Regarding claim 25, Cable discloses wherein the scan pattern/protocol comprises the step of increasing a number of duty cycles for multiple scans based on the hybrid waveform or up-chirp or down-chirp waveform or frequency-modulated waveform (paras. [0089, 0093, 0103, 0123-0125, 0196]).
Regarding claim 26, Cable discloses wherein:
surface scanning is used to acquire data and create images (para. [0089]),
alternatively, surface scanning is employed to provide therapeutic photo-thermal damage, including ablation and coagulation (para. [0084]).
Regarding claim 27, Cable discloses wherein B-scan and C-scan comprise bidirectional scan or unidirectional scan (para. [0116]).
Regarding claim 28, Cable discloses a system which performs the method according to claim 24, wherein a two mirror configuration comprises a light source (110, Fig. 1), a collimator (Figs. 1-2; 3520, Fig. 35), two one-dimensional scanning mirrors (Figs. 1-2; paras. [0099, 0111]), two electrical signal generators (Figs. 1-2; 2630, Fig. 26; paras. [0133, 0188]), and a focusing lens (para. [0160]).
Regarding claim 29, Cable discloses further comprising the process steps of,
transmission of continuous-wave light or pulsed light from a light source to an optical collimator (para. [0198]),
reflecting the collimated light into a focusing lens via a two-dimensional scanning mirror (Figs. 1-2; paras. [0099, 0111]),
driving the two-dimensional scanning mirror with hybrid waveform or up-chirp waveform or down-chirp waveform or frequency-modulated waveform based electrical signals provided by electrical signal generators (paras. [0089, 0093, 0103, 0123-0125, 0196]),
focusing the collimated light at different spots on a target surface over a wide and dynamic time interval between surface B-scans or C-scans (Fig. 1; para. [0089]),
transmitting a backscattered light collected from a sample through a same optical path (Figs. 1-2; para. [0088]).
Regarding claim 30, Cable discloses a system which performs the method according to claim 24, wherein a single-mirror configuration comprises a light source (110, Fig. 1), a collimator (Figs. 1-2; 3520, Fig. 35), a two-dimensional scanning mirror (Figs. 1-2), two electrical signal generators (Figs. 1-2; 2630, Fig. 26; paras. [0133, 0188]), and a focusing lens (para. [0160]).
Regarding claim 31, Cable discloses a method for performing the system of claim 28, further comprising the process steps of,
transmission of continuous-wave light or pulsed light from a light source to an optical collimator (para. [0198]),
cascading one-dimensional scanning mirrors for the x-axis and y-axis (Figs. 1-2; paras. [0089, 0099, 0111, 0118]),
reflecting the collimated light into a focusing lens via cascaded two one-dimensional scanning mirrors (Figs. 1-2; paras. [0089, 0099, 0111, 0118]),
driving one-dimensional scanning mirrors with hybrid waveform or up-chirp waveform or down-chirp waveform or frequency-modulated waveform based electrical signals provided by electrical signal generators (paras. [0089, 0093, 0103, 0123-0125, 0196]),
focusing the collimated light at different spots on a target surface over a wide and dynamic time interval between surface B-scans or C-scans (Fig. 1; para. [0089]),
transmitting the backscattered light collected from a sample through a same optical path (Figs. 1-2; para. [0088]).
Regarding claim 32, Cable discloses wherein the light source comprises a high-power monolithic diode laser with an internal grating, a high-power broadband semiconductor optical amplifier with an internal grating, a diode driver including an on-board TEC controller, a dispersion-tuned swept-wavelength laser source, or a MEMS-VCSEL swept-wavelength laser source (para. [0099]).
Regarding claim 33, Cable discloses wherein the scanning mirror comprises a galvo scanning mirror, resonance scanning mirror, or micro-electromechanical systems (MEMS) based scanning mirror (para. [0167]).
Regarding claim 34, Cable discloses wherein the focusing lens comprises a wide optical angle scanning lens (para. [0160]).
Regarding claim 35, Cable discloses wherein the electrical signals are analog or digital (para. [0119]).
Regarding claim 36, Cable discloses wherein the electrical signal generator comprises an RF-signal generator, a function generator, a random bit generator, a bit pattern generator, or a programmable bit pattern generator (paras. [0133, 0188]).
Response to Arguments
Applicant’s arguments filed December 18, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the cited reference.
Therefore, the previous ground of rejection over Cable has been maintained and modified as necessary due to the amendments to the claims.
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 PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL CALEY can be reached at 571-272-2286. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871