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 .
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/13/2026 has been entered.
Response to Arguments
2. Applicant’s arguments, filed 01/13/2026, with respect to the rejection(s) of the claims under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Schuele (US 20190307554 A1).
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.
3. Claim(s) 1-4, 6-9, 11-14, 16-19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman (US 20160310319 A1) in view of Schuele (US 20190307554 A1).
In regards to claim 1, Friedman discloses a system for treating an eye (Abstract), comprising:
a laser light source configured to provide photoactivating light (Par. 0023 and 0035 disclose a laser light source to provide photoactivating light);
a scanning mirror system configured to receive the photoactivating light as a laser beam and to move the laser beam over a cornea treated with a cross-linking agent (Par. 0031 discloses an optical element with mirrors, i.e. a scanning system, for receiving and directing the light to the cornea. Abstract discloses the cornea is treated with a cross-linking agent); and
a controller configured to provide control signals to programmatically control the laser light source and the scanning mirror system (Par. 0023 and Fig 1 discloses a controller that can control the parameters of the light source and optical elements), the one or more control signals causing the laser beam to visit one or more regions of the cornea via linear scanning and retracement to constitute a scan pattern (Par. 0030 discloses the controller can control the light source to visit regions of the cornea based on a scanning pattern),
wherein the photoactivating light causes the cross-linking agent in the one or more exposed regions to react with oxygen to generate cross-linking activity in the one or more exposed regions (Par. 0024 discloses the cross-linking activity being a result of the photoactivating light and oxygen).
Friedman does not disclose wherein the linear scanning of the scan pattern is created by the laser beam traveling linearly between a first side of the eye and a second side of the eye along a plurality of scan lines, each of the plurality of scan lines placed at different vertical positions along the eye and the plurality of scan lines comprising a plurality of interlacing scan lines, and wherein each of the interlacing scan lines space apart consecutive scan lines of the plurality of scan lines
However, in the same field of endeavor, Schuele teaches an optical system for treating the eye which has a crosslinked agent/material (Abstract) wherein the scan pattern is interlacing scan lines placed linearly (Par. 0010 and 0106) in order to provide high laser energy without damaging non-target tissue.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Friedman and modified them by utilizing a scanning pattern be interlacing and linear, as taught and suggested by Schuele, in order to provide high laser energy without damaging non-target tissue (Par. 0106 of Schuele).
In regards to claim 2, the combined teachings of Friedman and Schuele as applied to claim 1 discloses the system of claim 1, wherein the light source is operable to adjust a power associated with the laser beam, and the scan pattern is optimized according to the power associated with the laser beam (Par. 0032 of Friedman discloses the controller can control the power associated with the light source).
In regards to claim 3, the combined teachings of Friedman and Schuele as applied to claim 1 discloses the system of claim 1, wherein the scanning mirror system is operable to adjust a speed of the laser beam as the laser beam moves over the cornea, and the scan pattern is optimized according to the speed of the laser beam (Par. 0037 of Friedman discloses adjusting the rate of the beam).
In regards to claim 4, the combined teachings of Friedman and Schuele as applied to claim 1 discloses the system of claim 1, further comprising one or more optical elements configured to receive the photoactivating light and determine a spot size associated with the laser beam, wherein the scan pattern is optimized according to the spot size associated with the laser beam (Par. 0034 of Friedman discloses optical elements to receive the light and apply it based on a scan pattern which comprises pixels on a topography for the laser to follow, i.e. spot sizes are provided for the laser).
In regards to claim 6, the combined teachings Friedman and Schuele as applied to claim 1 discloses the system of claim 1 wherein the scan pattern causes the laser beam to visit the one or more exposed regions while keeping one or more adjacent regions unexposed to the photoactivating light, and the one or more adjacent unexposed regions provide oxygen for diffusion into the one or more exposed regions (Par. 0106 of Schuele, in order to provide high laser energy without damaging non-target tissue.).
In regards to claim 7, the combined teachings of Friedman and Schuele as applied to claim 1 discloses the system of claim 1, wherein the scan pattern is defined by a pulsing of the laser beam according to a duty cycle (Par. 0034 of Friedman discloses the pattern being defined by a duty cycle of the light), wherein, as the scanning mirror system scans the laser beam over the cornea, the pulsing causes the laser beam to visit the one or more exposed regions when the laser beam is on during the duty cycle while adjacent regions are unexposed to the photoactivating light when the laser beam is off during the duty cycle, and the adjacent unexposed regions provide oxygen for diffusion into the one or more exposed regions (Par. 0034 and 0037 of Friedman disclose where the duty cycle being on or off allows for the pulsed light source to follow a spatially determined pattern).
In regards to claim 8, the combined teachings of Friedman and Schuele as applied to claim 7 discloses the system of claim 7, wherein the pulsing of the laser beam has a frequency that varies according to a position of the laser beam in the scan pattern (Par. 0034 of Friedman discloses varying frequency along the scanning pattern).
In regards to claim 9, the combined teachings of Friedman and Schuele as applied to claim 1 discloses the system of claim 1, wherein the one or more exposed regions correspond to a plurality of discrete dots defining the scan pattern (Par. 0034 of Friedman discloses a scan pattern which comprises pixels on a topography, i.e. discrete dots).
In regards to claim 21, the combined teachings of Friedman and Schuele as applied to claim 1 discloses the system of Claim 1, further comprising an eye position and orientation detecting system configured to determine a position of the cornea relative to the scanning mirror system (Par. 0032 of Friedman teaches controlling the light based on one of a location of the target).
In regards to claim 11, Friedman discloses a method for treating an eye (Abstract discloses treating the eye), comprising:
generating photoactivating light with a laser light source (Par. 0023 and 0035 disclose a laser light source to provide photoactivating light);
directing the photoactivating light as a laser beam to a scanning mirror system (Par. 0031 discloses an optical element with mirrors, i.e. a scanning system, for receiving the laser light); and operating the scanning mirror system to cause the laser beam to move over a cornea and visit one or more regions of the cornea via linear scanning and retracement to constitute a scan pattern, wherein the photoactivating light causes a cross-linking agent in the one or more exposed regions to react with oxygen to generate cross-linking activity in the one or more exposed regions (Par. 0030 discloses the controller can control the light source to visit regions of the cornea based on a scanning pattern. Par. 0024 discloses the cross-linking activity being a result of the photoactivating light and oxygen).
Friedman does not disclose wherein the linear scanning of the scan pattern is created by the laser beam traveling linearly between a first side of the eye and a second side of the eye along a plurality of scan lines, each of the plurality of scan lines placed at different vertical positions along the eye and the plurality of scan lines comprising a plurality of interlacing scan lines, and wherein each of the interlacing scan lines space apart consecutive scan lines of the plurality of scan lines
However, in the same field of endeavor, Schuele teaches an optical system for treating the eye which has a crosslinked agent/material (Abstract) wherein the scan pattern is interlacing scan lines placed linearly (Par. 0010 and 0106) in order to provide high laser energy without damaging non-target tissue.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Friedman and modified them by utilizing a scanning pattern be interlacing and linear, as taught and suggested by Schuele, in order to provide high laser energy without damaging non-target tissue (Par. 0106 of Schuele).
In regards to claim 12, the combined teachings of Friedman and Schuele as applied to claim 11 discloses the method of claim 11, wherein optimizing the scan pattern includes adjusting a power associated with the laser beam (Par. 0032 of Friedman discloses the controller can control the power associated with the light source).
In regards to claim 13, the combined teachings of Friedman and Schuele as applied to claim 11 discloses the method of claim 11, wherein optimizing the scan pattern includes adjusting a speed of the laser beam, and the scan pattern is optimized according to the speed of the laser beam (Par. 0037 of Friedman discloses adjusting the rate of the beam).
In regards to claim 14, the combined teachings of Friedman and Schuele as applied to claim 11 discloses the method of claim 11, wherein optimizing the scan pattern includes determining a spot size associated with the laser beam (Par. 0034 of Friedman discloses optical elements to receive the light and apply it based on a scan pattern which comprises pixels on a topography for the laser to follow, i.e. spot sizes are provided for the laser.
In regards to claim 16, the combined teachings of Friedman and Schuele as applied to claim 11 discloses the method of claim 11 wherein the scan pattern causes the laser beam to visit the one or more exposed regions while keeping one or more adjacent regions unexposed to the photoactivating light, and the one or more adjacent unexposed regions provide oxygen for diffusion into the one or more exposed regions (Par. 0106 of Schuele, in order to provide high laser energy without damaging non-target tissue.).
In regards to claim 17, the combined teachings of Friedman and Schuele as applied to claim 11 discloses the method of claim 11, wherein optimizing the scan pattern includes defining the scan pattern to pulse the laser beam according to a duty cycle, wherein, as the scanning mirror system scans the laser beam over the cornea, the pulsing causes the laser beam to visit the one or more exposed regions when the laser beam is on during the duty cycle while adjacent regions are unexposed to the photoactivating light when the laser beam is off during the duty cycle, the adjacent unexposed regions provide oxygen for diffusion into the one or more exposed regions (Friedman: Par. 0034 discloses the pattern being defined by a duty cycle of the light and Par. 0034 and 0037 disclose where the duty cycle being on or off allows for the pulsed light source to follow a spatially determined pattern).
In regards to claim 18, the combined teachings of Friedman and Schuele as applied to claim 17 discloses the method of claim 17, wherein the pulsing of the laser beam has a frequency that varies according to a position of the laser beam in the scan pattern (Par. 0034 of Friedman discloses varying frequency along the scanning pattern).
In regards to claim 19, the combined teachings of Friedman and Schuele as applied to claim 11 discloses the method of claim 11, wherein the one or more exposed regions correspond to a plurality of discrete dots defining the scan pattern (Par. 0034 of Friedman discloses a scan pattern which comprises pixels on a topography, i.e. discrete dots).
4. Claims 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman and Schuele, and in view of Abe (US 20050080467 A1).
In regards to claims 5 and 15, the combined teachings of Friedman and Schuele as applied to claim 1/11 discloses the system or method of claims 1 or 11, respectively, except for wherein the scanning mirror system includes a galvanometer pair, the galvanometer pair including a first mirror configured to move the laser beam along a first axis and a second mirror configured to move the laser beam along a second axis.
However, in the same field of endeavor, Abe discloses a laser treatment apparatus that comprises a galvanometer with a first and second mirror that can scan the laser along different axis’ (Par. 0023) in order to change an inclination angle, thereby changing the direction of the optical axis of the light and beams to be reflected.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Friedman and Schuele and modified them by having a laser treatment apparatus that comprises a galvanometer with a first and second mirror that can scan the laser along different axis’, as taught and disclosed by Abe, in order to change an inclination angle, thereby changing the direction of the optical axis of the light and beams to be reflected.
5. Claims 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friedman and Schuele and in further view of L'Esperance (US 4718418 A).
In regards to claims 10 and 20, the combined teachings of Friedman and Schuele as applied to claim 1/11 discloses the system of claim 1, except for wherein linear scanning and retracement comprises at least a first horizontal scan line and a second horizontal scan line, the second horizontal scan line disposed parallel to and vertically below the first horizontal scan line.
However, in the same fiend of endeavor, L'Esperance discloses a device for corneal surgery (Abstract), wherein there are multiple horizontal scan lines disposed parallel and vertically below one another (Fig 3), in order to improve the resolution.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have taken the teachings of Friedman and Schuele and modified them by having a series of horizontal scan lines, as taught and suggested by L'Esperance, in order to improve the resolution.
Conclusion
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/S.L.C./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792