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 .
Status of Claims
Claims 1-2, 4-11, 13-16, and 19-20 are pending, claims 3, 12, and 17-18 have been cancelled, and claims 1-2, 4-11, 13-16, and 19-20 are currently under consideration for patentability under 37 CFR 1.104.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
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 1-2, 4-11, 13-16, and 19-20 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.
Regarding claims 1, 16, and 20, the limitation “an arrival of a corresponding reference signal” is unclear. It is unclear to what feature the corresponding reference signal is arriving to. Claims 2, 4-11, 13-15, and 19 are rejected due to being dependent on claims 1 and 16.
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.
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.
Claim(s) 1-2, 5, 7-11, 15-16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Altshuler (US 2024/0016543), in view of Nakada (US 2024/0264307).
Regarding claim 1, Altshuler discloses a laser tissue ablation system (figures 4-7), comprising: an endoscope ([0100]); an optical fiber (145, figure 4) including a distal end extending from the endoscope (fiber…scope [0100]), the optical fiber configured to: receive therapeutic laser light pulses (laser, figures 5-7) at first times (pulses…[0146] | see 704 vs. 706, figure 21 and/or 716-718, figure 22); receive measurement light pulses at second times different from the first times (utilizing light from sources other than the treatment laser…[0104] | 704, figure 21 and/or 718, figure 22); direct the therapeutic laser light pulses and the measurement light pulses along the optical fiber to emerge from the distal end of the optical fiber toward a target (704-706, figure 21 and/or 716-718, figure 22); collect, as collected light pulses, at least some of the measurement light pulses that are reflected from the target (direct…light detector [0183] | broadly interpreted “collect” as receiving); and direct, as return light pulses, at least some of the collected light pulses along the optical fiber away from the distal end of the optical fiber (708, figure 21 and 720, figure 22 | direct…light detector [0183]); an optical detector (light detector 708, figure 21 and 720, figure 22) configured to sense at least some of the return light pulses; and processor circuitry (computing devices…[0182] | control system 150, figure 1; processor…[0106]) configured to: perform a time-of-flight analysis (figures 21-22) of the sensed return light pulses to determine a spacing between the distal end of the optical fiber and the target (distance between the distal end of the fiber and the treatment target [0191]); and generate a spacing data signal representing the determined spacing (second data…curve...[0191]). Altshuler is silent regarding by, for an individual return light pulse, determining a time duration between the sensing of the return light pulse by the optical detector and an arrival of a corresponding reference signal.
Nakada teaches a known time of flight (ToF) method that measures a distance to an object by irradiating the object with light and measuring a time for light to reciprocate between the object and the distance measuring device ([0002]). In the ToF method, time measurement is started at the timing of emitting light. Reflected light in which the light is reflected by the object is received by a light receiving device, and a light reception signal is generated ([0002]). Time measurement is stopped by detecting the light reception signal ([0002]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Altshuler with the ToF method as taught by Nakada ([0002]). Doing so would provide another method for measuring distance to an object ([0002]). The modified system would have by, for an individual return light pulse (reflected light…[0002]), determining a time duration between the sensing of the return light pulse by the optical detector and an arrival of a corresponding reference signal (time measurement is started at the timing of emitting light…time measurement is stopped by detecting the light reception signal [0002]).
Regarding claim 2, Altshuler further discloses a therapeutic laser light source (laser, figures 5-7) spaced apart from the endoscope (see location of fiber 345 from the laser, figure 5) and configured to generate the therapeutic laser light pulses at the first times (pulses…[0146] | see 704 vs. 706, figure 21 and 716-718, figure 22); and a measurement light source spaced apart from the endoscope and configured to generate the measurement light pulses at the second times (utilizing light from sources other than the treatment laser…[0104] | 704, figure 21 and/or 718, figure 22).
Regarding claim 5, Nakada further teaches the measurement light source is further configured to generate reference electrical pulses at times that correspond to the measurement light pulses (time measurement is started at the timing of emitting light [0002]; Nakada), the reference electrical pulses forming the reference signals ([0002]).
Regarding claim 7, Altshuler further discloses the processor circuitry is further configured to vary at least one operational parameter of the therapeutic laser light source in response to the determined spacing represented by the spacing data signal (determines that the current distance exceeds a predetermined distance…control operation of the treatment laser [0194]).
Regarding claim 8, Altshuler further discloses the therapeutic laser light source is configured to direct the therapeutic laser light pulses along a first optical path (see laser, figures 5-7); the measurement light source is configured to direct the measurement light pulses along a second optical path (see light path for light source, figures 5 and 7), the measurement light pulses being spectrally separated from the therapeutic laser light pulses (see different paths for the laser and light sources, figures 5 and 7); and the laser tissue ablation system further comprises a dichroic beamsplitter positioned to combine the first and second optical paths to align along a third optical path that extends into the optical fiber (see dichroic beamsplitter 385b, figures 5 and 7 | dichroic…[0209]).
Regarding claim 9, Altshuler further discloses the processor circuitry is further configured to automatically switch off the therapeutic laser light source when the determined spacing represented by the spacing data signal is less than a specified threshold spacing (distance does not exceed….disabling firing of the treatment laser [0194]).
Regarding claim 10, Altshuler further discloses the optical fiber is further configured to: collect, as collected therapeutic light pulses, at least some of the therapeutic light pulses that are reflected from the target (direct…light detector [0183]); direct, as return therapeutic light pulses, at least some of the collected therapeutic light pulses along the optical fiber away from the distal end of the optical fiber (720, figure 22); and the laser tissue ablation system further comprises a spectrometer (394, figure 6) configured to analyze the return therapeutic light pulses (spectrometer…this light…laser light [0124] | analyzed…using…the spectrometer itself [0125]).
Regarding claim 11, Altshuler further discloses the measurement light source is a LIDAR light source (determine a distance [0096]; see figures 21-22 | see light source, figures 5 and 7); the optical detector is a LIDAR detector (one or more light detectors [0123]); the laser tissue ablation system further comprises a beamsplitter (see 385a-b, figures 5-7) configured to: separate the return light pulses from the return therapeutic light pulses (light directed into the distal end of the surgical fiber…using beam splitter…coupling into detector such as a spectrometer [0124]); direct the return light pulses to the LIDAR detector (720, figure 22); and direct the return therapeutic light pulses to the spectrometer (spectrometer…this light…laser light [0124]); and the processor circuitry is configured to electronically communicate, to the spectrometer, data representing the determined spacing (724, figure 22 | light detector can be a spectrometer [0123] | analyzed…using…the spectrometer itself [0125]).
Regarding claim 15, Altshuler further discloses an illumination light source (LED 169, figure 2; Altshuler) disposed at a distal end of the endoscope (see figure 2; distal end of the shaft [0108]) and configured to illuminate the target with visible illumination light; a camera (imaging sensor 171, figure 2) disposed at the distal end of the endoscope and configured to generate a video image of the illuminated target (distal end of the shaft…[0108]); and a display (260, figure 4 | display [0120]) coupled to the processor circuitry and configured to display the video image of the illuminated target and a visual representation of the determined spacing represented by the spacing data signal (display…determined distance [0161]).
Regarding claim 16, Altshuler discloses a method for operating a laser tissue ablation system (figures 4-7) that includes an endoscope ([0100]) and an optical fiber (145, figure 4) including a distal end extending from the endoscope (fiber…scope [0100]), the method comprising: receiving, with the optical fiber, therapeutic laser light pulses (laser, figures 5-7) at first times (pulses…[0146] | see 704 vs. 706, figure 21 and/or 716-718, figure 22); receiving, with the optical fiber, measurement light pulses at second times different from the first times (utilizing light from sources other than the treatment laser…[0104] | 704, figure 21 and/or 718, figure 22); directing the therapeutic laser light pulses and the measurement light pulses along the optical fiber to emerge from the distal end of the optical fiber toward a target (704-706, figure 21 and/or 716-718, figure 22); collecting, with the optical fiber, as collected light pulses, at least some of the measurement light pulses that are reflected from the target (direct…light detector [0183] | broadly interpreted “collect” as receiving); directing, as return light pulses, at least some of the collected light pulses along the optical fiber away from the distal end of the optical fiber (708, figure 21 and 720, figure 22 | direct…light detector [0183]); sensing, with an optical detector (light detector in 708, figure 21 and 720, figure 22), at least some of the return light pulses; performing a time-of-flight analysis (figures 21-22) of the sensed return light pulses to determine a spacing between the distal end of the optical fiber and the target (distance between the distal end of the fiber and the treatment target [0191]); and generating a spacing data signal representing the determined spacing (second data…curve…[0191]). Altshuler is silent regarding by, for an individual return light pulse, determining a time duration between the sensing of the return light pulse by the optical detector and an arrival of a corresponding reference signal.
Nakada teaches a known time of flight (ToF) method that measures a distance to an object by irradiating the object with light and measuring a time for light to reciprocate between the object and the distance measuring device ([0002]). In the ToF method, time measurement is started at the timing of emitting light. Reflected light in which the light is reflected by the object is received by a light receiving device, and a light reception signal is generated ([0002]). Time measurement is stopped by detecting the light reception signal ([0002]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method of Altshuler with the ToF method as taught by Nakada ([0002]). Doing so would provide another method for measuring distance to an object ([0002]). The modified method would comprise by, for an individual return light pulse (reflected light…[0002]), determining a time duration between the sensing of the return light pulse by the optical detector and an arrival of a corresponding reference signal (time measurement is started at the timing of emitting light…time measurement is stopped by detecting the light reception signal [0002]).
Regarding claim 19, Altshuler further discloses collecting, with the optical fiber, as collected therapeutic light pulses, at least some of the therapeutic light pulses that are reflected from the target (direct…light detector [0183]; Altshuler); directing, as return therapeutic light pulses, at least some of the collected therapeutic light pulses along the optical fiber away from the distal end of the optical fiber (720, figure 22); analyzing, with a spectrometer (394, figure 6), the return therapeutic light pulses; and electronically communicating, to the spectrometer, data representing the determined spacing (724, figure 22 | light detector can be a spectrometer [0123] | analyzed…using…the spectrometer itself [0125]).
Regarding claim 20, Altshuler discloses a laser tissue ablation system (figures 4-7), comprising: a therapeutic laser light source (laser, figures 5-7) configured to generate therapeutic laser light pulses (pulses…[0146]) at first times (see 704 vs. 706, figure 21 and 716-718, figure 22); a measurement light source configured to generate measurement light pulses at second times different from the first times (utilizing light from sources other than the treatment laser…[0104] | 704, figure 21 and/or 718, figure 22); an endoscope ([0100]) spaced apart from the therapeutic laser light source and the measurement light source (see location of fiber 345 from the laser, figure 5); an optical fiber (145, figure 4) including a distal end extending from the endoscope (fiber…scope [0100]) and configured to: direct the therapeutic laser light pulses and the measurement light pulses along the optical fiber to emerge from the distal end of the optical fiber toward a target (704-706, figure 21 and 716-718, figure 22); collect, as collected light pulses, at least some of the measurement light pulses that are reflected from the target (direct…light detector [0183] | broadly interpreted “collect” as receiving); direct, as return light pulses, at least some of the collected light pulses along the optical fiber away from the distal end of the optical fiber (708, figure 21 and/or 720, figure 22 | direct…light detector [0183]); collect, as collected therapeutic light pulses, at least some of the therapeutic light pulses that are reflected from the target (direct…light detector [0183] | broadly interpreted “collect” as receiving); and direct, as return therapeutic light pulses, at least some of the collected therapeutic light pulses along the optical fiber away from the distal end of the optical fiber (708, figure 21 and/or 720, figure 22); an optical detector (light detector in 708, figure 21 and 720, figure 22) configured to sense at least some of the return light pulses; a spectrometer (394, figure 6) configured to analyze the return therapeutic light pulses (spectrometer…this light…laser light [0124] | analyzed…using…the spectrometer itself [0125]); processor circuitry (computing devices…[0182] | control system 150, figure 1; processor…[0106]) configured to: perform a time-of-flight analysis (figures 21-22) of the sensed return light pulses to determine a spacing between the distal end of the optical fiber and the target (distance between the distal end of the fiber and the treatment target [0191]); generate a spacing data signal representing the determined spacing (second data…curve…[0191]); and electronically communicate the spacing data signal to the spectrometer (one or more light detectors…spectrometer…[0123] | analyzed…using…the spectrometer itself [0125]); an illumination light source (LED 169, figure 2) disposed at a distal end of the endoscope (distal end of the shaft…[0108]) and configured to illuminate the target with visible illumination light (LED…[0108] | interpreted as emitting visible light for the imaging sensor); a camera (imaging sensor 171, figure 2) disposed at the distal end of the endoscope (distal end of the shaft…[0108]) and configured to generate a video image of the illuminated target (imaging sensor…[0108]); and a display (260, figure 4 | display [0120]) coupled to the processor circuitry and configured to display the video image of the illuminated target and a visual representation of the determined spacing represented by the spacing data signal (display…determined distance [0161]). Altshuler is silent regarding by, for an individual return light pulse, determining a time duration between the sensing of the return light pulse by the optical detector and an arrival of a corresponding reference signal.
Nakada teaches a known time of flight (ToF) method that measures a distance to an object by irradiating the object with light and measuring a time for light to reciprocate between the object and the distance measuring device ([0002]). In the ToF method, time measurement is started at the timing of emitting light. Reflected light in which the light is reflected by the object is received by a light receiving device, and a light reception signal is generated ([0002]). Time measurement is stopped by detecting the light reception signal ([0002]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system of Altshuler to use the ToF method as taught by Nakada ([0002]). Doing so would provide another method for measuring distance to an object ([0002]). The modified system would comprise by, for an individual return light pulse (reflected light…[0002]), determining a time duration between the sensing of the return light pulse by the optical detector and an arrival of a corresponding reference signal (time measurement is started at the timing of emitting light…time measurement is stopped by detecting the light reception signal [0002]).
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Altshuler (US 2024/0016543) and Nakada (US 2024/0264307) as applied above in claim 1, and further in view of Pieper (US 2020/0038106).
Regarding claim 13, Altshuler and Nakada disclose all of the features in the current invention as shown above in claim 1. They are silent regarding an actuator configured to advance the optical fiber distally and retract the optical fiber proximally with respect to the endoscope, wherein the processor circuitry is further configured to: compare the determined spacing to a specified threshold; and cause the actuator to automatically reduce a difference between the determined spacing and the specified threshold.
Pieper teaches an associated control device (16, figure 1) and a housing (1, figure 1). The housing has wheels (32 and 33, and 3 and 6, figure 1) to convey the fiber optic cable (43, figure 1). The wheels are arranged on top of the cover plate (17, figure 1). A drive unit (18, figure 4) is insertable into the housing ([0022]). The control device implements electronic control to the drive unit and can select the conveying length to be covered, switching the device on and off, and other functions ([0030]-[0040]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the system to have an associated control device (16, figure 1) and a housing (1, figure 1) as taught by Pieper. Doing so would control the conveying length of the optical fiber ([0034]). The modified system would have an actuator (electric motor…[0022]; Pieper) configured to advance the optical fiber distally and retract the optical fiber proximally with respect to the endoscope (conveying length…[0034]; Pieper), wherein the processor circuitry is further configured to: compare the determined spacing to a specified threshold (determined current distance…predetermined distance [0194]; Altshuler); and cause the actuator to automatically reduce a difference between the determined spacing and the specified threshold (determine the difference between current distance and the predetermined distance….operation parameters for the treatment laser to operate [0194]; Altshuler | modified system can control the conveying length of the optical fiber [0034]; Pieper).
Regarding claim 14, Pieper further teaches the actuator comprises a wheel (32-33, 3, and 6, figure 1; Pieper); the wheel has a center that is fixed in position with respect to the endoscope (broadly interpreted as the wheel having a center than can be fixed relative to the endoscope, see figure 1); the wheel has a circumferential surface that contacts the optical fiber (see figure 1); and the wheel is rotatable from a rotary actuator (see axles 26, 30, 5, and 7, figure 3).
Allowable Subject Matter
Claims 4 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening 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 PAMELA F WU whose telephone number is (571)272-9851. The examiner can normally be reached M-F: 8-4 PM.
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PAMELA F. WU
Examiner
Art Unit 3795
March 26, 2026
/RYAN N HENDERSON/Primary Examiner, Art Unit 3795