Prosecution Insights
Last updated: May 29, 2026
Application No. 18/374,935

VARIABLE SCAN DEPTH SD-OCT SYSTEM AND VARIABLE CONFIGURATION OF OPTICAL FIBER SOURCES TO INCREASE THE EFFECTIVE SCAN RATE

Non-Final OA §102§103
Filed
Sep 29, 2023
Priority
Sep 29, 2022 — provisional 63/411,244
Examiner
MEBRAHTU, EPHREM ZERU
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carl Zeiss Meditec Inc.
OA Round
2 (Non-Final)
74%
Grant Probability
Favorable
2-3
OA Rounds
1m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
366 granted / 492 resolved
+6.4% vs TC avg
Moderate +9% lift
Without
With
+8.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
512
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
83.1%
+43.1% vs TC avg
§102
9.0%
-31.0% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 492 resolved cases

Office Action

§102 §103
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 with respect to claim(s) 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s arguments, see applicant’s Remarks, filed on 04/15/2026, with respect to claim 1 have been fully considered and are persuasive. The rejections of claims 1-10 has been withdrawn. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Allen et al. US 2023/0414103. Regarding claim 11, Allen teaches a spectral domain optical coherence tomography (OCT) system (see Title and Fig. 2: OPTICAL SYSTEM FOR SPECTRAL DOMAIN OPTICAL COHERENCE TOMOGRAPHY) comprising: a broad light source (para 0034, Fig. 2: broadband light source 2) for generating a beam of light (light generated by light source 10); a beam divider (Fig. 2: a 2×2 coupler 17) for directing a first portion of the light into a reference arm and a second portion of the light into a sample arm (see para 0039 and Fig. 2: “a 2×2 coupler 17 which splits the initial input signal into two signals” i.e., which is apparently, one light is directed into reflector 19 (reference arm) and the other light is directed into sample 13 (sample arm)); optics (Fig. 2: imaging optics 12) for directing the light in the sample arm to one or more locations on a sample (see Fig. 2: sample/signal light is directed into the sample 13 via imaging optics 12) (see also para 0039: “Meanwhile, the other split signal is transmitted along an internal path 25 leading into a PM fiber 15 to the imaging optics 12. The split signal is transmitted along an undefined length of free space 16 wherein the signal is incident upon the target sample 13”); a spectrometer (see Fig. 2: spectrometer 20) for measuring light returning from the sample and reference arms as a function of wavelength and generating signals in response thereto (see para 0040: “At the coupler 17, the two received signals interfere with each other and the resultant signal is passed to a spectrometer 20. The spectrometer 20 analyses the spectral content of the received signal. It gives an analog or digital value of intensity for different wavelengths across the desired spectrum” i.e., two receives signals are supposed to mean the reflected light (reference light) and the sample/signal light), the spectrometer including a plurality of different gratings for separately receiving the returning light (see Fig. 6 and para 0076: arrayed waveguide grating 60) (see para 0076: “The waveguides are of different lengths and therefore apply different phase shifts to the input signal 61, thereby separating the different wavelengths of the signal at the second FPR 66”); and a processor (Fig. 2: image processor 21) for converting the signals into image data (see para 0040 and Fig. 2: “The spectral content is delivered to output image processor 21 to produce an image”); wherein different imaging depths and resolution are provided by the plurality of different gratings (see para 0076: “These now-separated wavelengths are received by an array of output waveguides 67 which lead onto the set of photodetectors 64. Each photodetector 64 receives a different wavelength. Thus, the set of photodetectors displays the spectrum of the input signal 61.”). Regarding claim 14, Allen teaches the system of claim 11, wherein the plurality of different gratings are arranged to provide no overlap, and the returning light is applied to each of the plurality of different gratings, each generating a separate signals in response thereto (see para 0076 and Fig. 6: “The incoming input signal 61 is transmitted to an array of integrated waveguides 63 via a free propagation region (FPR) 65. The waveguides are of different lengths and therefore apply different phase shifts to the input signal 61, thereby separating the different wavelengths of the signal at the second FPR 66.”). 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. Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allen as applied to claim 11 above, and further in view of Hideki et al. US Patent No. 3,306,158. Regarding claim 12, Allen teaches the system of claim 11, except for wherein the returning light is selectively and separately applied to a different one of said plurality of different gratings. Hideki teaches grating spectroscopes (see col. 1 lines 11-13), including a grating turret/turntable that lest you selectively move one of multiple grating into the optical path (col. 2 lines 52-56: “at least two diffraction grating are arranged on a turntable… so that they may be positioned alternatively in the optical path of the spectroscope”, further teach col. 3 lines 62-68: “three gratings G1, G2 and G3 are mounted… on turntable 22… so that when the turntable 22 is turned, they may successively become in the line of reflection from a collimating mirror 23”). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Allen by implementing the plurality of different gratings to maintain alignment by keeping gratings kinematically registered on a turret and also provide rapid mode change. Regarding claim 13, the combination of Allen and Hideki teaches the system of claim 12, and Hideki further teaches wherein the plurality of different gratings are movable, and a separate one of said plurality of different gratings is selectively moved into, and out of, the optical path of the returning light (col. 2 lines 52-56: “at least two diffraction grating are arranged on a turntable… so that they may be positioned alternatively in the optical path of the spectroscope”, further teach col. 3 lines 62-68: “three gratings G1, G2 and G3 are mounted… on turntable 22… so that when the turntable 22 is turned, they may successively become in the line of reflection from a collimating mirror 23”). Allowable Subject Matter Claims 1-10 are allowed. Prior arts of record are: Liu CN 111671391A in view of Everett et al. US 2019/0056214. The following is an examiner’s statement of reasons for allowance: Regarding claim 1, Liu teaches an optical coherence tomography (OCT) device (see abstract: OCT) comprising: a light source for generating a beam of light (Fig. 5: sweep light source 1 whose light enters the fiber coupler 21); a first set of beam dividers and a second set of beam dividers, at least the second set of beam dividers including a plurality of beam dividers (Fig. 5: teaches fiber couplers (beam dividing elements) e.g., a third fiber coupler (31) on one branch and a fifth fiber coupler (41) on another each branch performing splits/combiner for sample/reference and detection; Liu teaches at least the fifth fiber coupler (41) splitting into sample and reference arm and the sixth fiber coupler 48 dividing the interference signal into beams for detection – thereby satisfying a second set including a plurality of beam dividers); an optical switch for selectively transferring the beam of light to one of the first set of beam dividers and the second set of beam dividers (Fig. 5: expressly discloses optical switch 63 with ports: first port from the upstream coupler, a second port to the third coupler (31) and a third port to the fifth coupler (41), Liu further in page 13 teaches “switch selects between anterior-segment and fundus OCT paths and highlights fast switching with no mechanical motion in the sample arm”), the first set of beam dividers directing a first portion of its received light into a reference arm and a second portion of its received light into a sample arm (page 13 teaches: “beam from the optical switch 63 into the third optical fiber coupler 31, then respectively enter into the sample arm and the reference arm”), the second set of beam dividers directing a first portion of its received light into said reference arm and a second portion of its received light into said sample arm (Fig. 5 and pages 12-13: teaches photodetection with photodetectors and a signal acquisition chain, including that the sixth coupler splits the interference equally to two detectors i.e., 39 and 49); optics for directing the light in the sample arm to one or more locations on a sample (Fig. 5: depicts details the sample-side optics and scanning units (collimator, first and second scanning units, dichroic, etc.) that direct and focus the beam to the eye E); one or more detectors for receiving light returning from sample arm and the reference arm, and generating signals in response thereto; and a processor for converting the signals into image data (page 10: teaches controller/computer (GPU) that runs acquisition and reconstruction to produce B-scan and 3-D images). While Liu meets the foregoing elements, it does not expressly disclose that both electable sets of beam dividers fee the same (singular) “said sample arm”. Instead, Liu optical switch selects between two different branches, each with its own sample and reference arm optical paths (anterior-segments vs. fundus). Thus, Liu lacks the claimed “switchable sets shared (singular) sample arms”. In the same field of endeavor, Everette teaches OCT field and teaches switching among multiple sample arm channels while keeping the same sample arm optics and illuminating the same sample location without moving the sample arms optics (see the discussion accompanying Fig. 2D (para 0061) with an optical switch in the same sample arm 210). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the Liu which already values fast switching, no mechanical motion in the sample arm, and high stability by adopting Everett shared sample arm arrangement so that both selectable sets (branches) feed the same sample arm optics, which predictable benefits is long recognized in the art: fewer duplicated optics. However, the combination of Liu and Everette fails to teach or suggest: “at least the second set beam dividers including a plurality of beam dividers configured in parallel.” Regarding claims 2-10, these claims depend on an allowable base claim 1 and are therefore allowable for the reasons stated supra. Furthermore, see at least pages 5-6 of applicant Arguments/Remarks made in amendment, filed on 04/15/2026. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-8425036-B2 and US-20130003077-A1: teaches A tomographic imaging apparatus configured to acquire a tomographic image, having multiple coupler/dividers for generating multiple signal beams and multiple reference beams. THIS ACTION IS MADE FINAL. 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 EPHREM ZERU MEBRAHTU whose telephone number is (571)272-8386. The examiner can normally be reached 10 am -6 pm (M-F). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached at 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EPHREM Z MEBRAHTU/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Sep 29, 2023
Application Filed
Oct 21, 2025
Non-Final Rejection mailed — §102, §103
Apr 15, 2026
Response Filed
May 20, 2026
Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
74%
Grant Probability
83%
With Interview (+8.8%)
2y 9m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 492 resolved cases by this examiner. Grant probability derived from career allowance rate.

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