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
This Office Action is responsive to communication filed on 9/22/2023.
Claims 3, 14, 19 and 25-39 are canceled.
Claims 10-12, 18 and 22-24 are amended.
Claims 1-2, 4-13, 15-18 and 20-24 are pending and presented for examination.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: FIG. 5 #520. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:Paragraph 0053 references FIG. 2B, however no such FIG. 2B is included with the drawings.
Paragraph 0069 refers to the AOM as #525, however in the drawings the AOM is #527.
Appropriate correction is required.
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.
Claims 1-2 and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over UNRATH (US20140197140A1) in view of LANGEWEYDE (US20080058781A1) (hereinafter – “UNRATH-LANGEWEYDE”).
Regarding claim 1
UNRATH teaches a method of controlling a laser processing apparatus ([0002]), comprising:
[0021]: “a laser processing apparatus, such as laser processing apparatus 100, is configured to form features (e.g., through-vias, blind vias, trenches, routs, kerfs, and other features) within one or more materials of a workpiece 102 by directing a beam 105 of laser pulses along a path P to impinge upon the workpiece 102” [0022]: “beam positioning system 110, and beam modulation system 112 may be controlled to change the position of where the beam 105 of laser pulses impinges upon the workpiece 102” [0034]: “laser processing apparatus 100 is configured to enable coordinated operation of the beam positioning system 110 and the beam modulation system 112 to form features at high speed and with high positional accuracy” [0047]: “beam position commands are delivered from the beam position control subsystem of the system controller 114 to one or more of the workpiece positioning system 108, beam positioning system 110 and beam modulation system 112, the operations of one or more of these components can be controlled to control the location of the beam position relative to the workpiece 102”, 0047 teaches receiving of focal positions for laser beam pulses);
[0022]: “beam positioning system 110, and beam modulation system 112 may be controlled to change the position of where the beam 105 of laser pulses impinges upon the workpiece 102” [0034]: “laser processing apparatus 100 is configured to enable coordinated operation of the beam positioning system 110 and the beam modulation system 112 to form features at high speed and with high positional accuracy” [0047]: “laser pulse energy commands are delivered from the laser power control system of the system controller 114 to the laser power control system one or more of the laser system 104” 0047 teaches receiving of pulse power values); and
synchronizing operation of the scanning controller with operation of the pulse power controller during scanning of the [0048]: “a synchronization process is used to synchronize delivery of a series of consecutive laser pulses within the beam 105 (i.e., a “laser pulse train”) to the workpiece 102 with the beam position relative to the workpiece 102”[0051]: “synchronization of the generating and modulating of the laser pulses may occur directly between controllers (not shown) associated with the laser system 104 and the beam modulation system 112” 0051 teaches synchronization between scanning and power controllers which implies communication, i.e., a signal, between controllers).
UNRATH is not relied on for:
storing focal positions for a sequence of laser beam pulses, wherein the focal positions correspond to focal positions of an ophthalmic lens;
storing pulse power data values for the sequence of laser beam pulses; or
However, LANGEWEYDE teaches:
storing focal positions for a sequence of laser beam pulses, wherein the focal positions correspond to focal positions of an ophthalmic lens; and storing pulse power data values for the sequence of laser beam pulses ([0006]: “ablation program is determined on the basis of a predetermined desired ablation profile, i.e. of the definition of desired depths of ablation or depths of removal of the material to be ablated by the pulses as a function of the location on the surface” [0007]: “application of laser ablation according to the so-called "spot scanning" method is the laser ablation of plastic lenses, e.g. contact lenses, or particularly also of corneal tissue in photo-refractive keratectomy or LASIK for correction of defective vision, in particular in the human eye.”, i.e., application to ophthalmic lens [0020]: “An ablation program, in particular the ablation program generated by means of the first generating method of the invention and to be used for ablation, is understood to be--as described above--at least one definition of a sequence of target locations or target directions onto or in which the pulses of the laser beam are emitted” [0172]: “laser pulses having a predetermined pulse energy are emitted onto predetermined target locations according to a generated ablation program” [0174]: “generating the ablation program includes determining the target locations (x, y) onto which the pulses of a predetermined pulse energy have to be directed”).
UNRATH and LANGEWEYDE are analogous art to the claimed invention because they are from the same field of laser processing devices. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to apply the teachings of LANGEWEYDE to the teachings of UNRATH such that LANGEWEYDE’s ablation profile could be used with UNRATH’s laser processing device such that it could provide UNRATH’S laser processing device, which is configured to receive focal positions for a sequence of laser beam pulses and to receive pulse power data values corresponding to the sequence, with the focal positions and pulse power data values it is configured to receive.
UNRATH-LANGEWEYDE teach:
storing focal positions for a sequence of laser beam pulses in a scanning controller configured for controlling operation of a scanning assembly to scan the sequence of laser beam pulses to the focal positions in the ophthalmic lens
storing pulse power data values corresponding to pulse powers for the sequence of laser beam pulse in a memory accessible by a pulse power controller configured for controlling operation of a power control assembly to control pulse powers of the sequence of laser beam pulses; and
synchronizing operation of the scanning controller with operation of the pulse power controller during scanning of the sequence of laser beam pulses to the focal positions in the ophthalmic lens via communication of
UNRATH-LANGEWEYDE do not explicitly teach synchronizing operation of the scanning controller with operation of the pulse power controller via communication of one or more trigger signals between the controllers.
However, UNRATH teaches “synchronization of the generating and modulating of laser pulses may occur directly between controllers (not shown) associated with the laser system 104 and the beam modulation system 112” ([0051]).
LANGEWEYDE teaches ablation as a function of location ([0006]: “definition of desired depths of ablation or depths of removal of the material to be ablated by the pulses as a function of the location on the surface”).
Thus, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to synchronize the operation of the scanning controller with the pulse power controller via communication of one or more trigger signals, such that when the scanning controller is at a predetermined location, which has a predetermined energy as taught by LANGEWEYDE ([0006]), a trigger signal would be sent to synchronize the operation of the pulse controller with the scanning controller to implement the formation of the surface, as taught UNRATH ([0051]).
Regarding claim 2
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
LANGEWEYDE also teaches:
loading a power control program into the pulse power controller, wherein the power control program comprises instructions for generating power control commands for controlling the power control assembly to control pulse powers of the sequence of laser beam pulses; and
loading a scanning control program into the scanning controller, wherein the scanning control program comprises instructions for controlling operation of the scanning assembly to control scanning of the sequence of laser beam pulses to the focal positions in the ophthalmic lens (Fig. 4, [0171]-[0209]: ablation program generation).
Regarding claim 5
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
LANGEWEYDE teaches loading a scanning control program into a laser ablation controller ([0200]-[0201]: desired ablation profile is determined in step S14, in step S16 desired ablation profile is read into data processing device).
UNRATH teaches a scanning controller ([0051]: controller associated with beam modulation system).
UNRATH-LANGEWEYDE do not explicitly teach wherein the scanning control program controls transmission of the one or more trigger signals.
However, UNRATH teaches “synchronization of the generating and modulating of laser pulses may occur directly between controllers (not shown) associated with the laser system 104 and the beam modulation system 112” ([0051]). And LANGEWEYDE teaches “definition of desired depths of ablation or depths of removal of the material to be ablated by the pulses as a function of the location on the surface” ([0006]).
Thus, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to apply the teachings of UNRATH and LANGEWEYDE to the combination of UNRATH-LANGEWEYDE such that UNRATH’s scanning controller would transmit a signal to a laser controller to ablate the surface with a laser pulse parameterized from LANGEWEYDE’s ablation program.
Regarding claim 6
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
UNRATH also teaches controlling an acousto-optic modulator disposed in between a laser pulse source and the ophthalmic lens to control pulse powers of the sequence of laser beam pulses scanned to the focal positions in the ophthalmic lens ([0041]: modular system 112 includes an acousto-optic device).
Regarding claim 7
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
UNRATH also teaches controlling an electro-optic modulator disposed in between a laser pulse source and the ophthalmic lens to control pulse powers of the sequence of laser beam pulses scanned to the focal positions in the ophthalmic lens ([0041]: modular system 112 includes an electro-optic device).
Regarding claim 8
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
LANGEWEYDE also teaches receiving a definition of the subsurface optical structure ([0170]: “order to determine the desired ablation profile, the device 10 may comprise a suitable processor which evaluates data relating to the refractive power of the eye 2 and the wavefront data in order to determine the desired ablation profile again, in the present example, in the form of the desired ablation depths for points of a point grid in the x-y plane of the corresponding coordinate system which coincides with the x-y plane of the coordinate system for indicating the ablation profile”); and
generating the focal positions and pulse powers of the sequence of laser beam pulses based on the definition of the subsurface optical structure (Fig. 4, [0171]-[0209]: ablation program generation).
Regarding claim 9
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
UNRATH also teaches determining one or more scanning speeds for scanning the sequence of laser beam pulses to the focal positions in the ophthalmic lens ([0022]: “beam modulation system 112 may be controlled to change the velocity and/or acceleration with which the beam position changes relative to the workpiece 102”).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over UNRATH-LANGEWEYDE in view of ZHELEZNYAK (US20210018762A1).
Regarding claim 10
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
LANGEWEYDE teaches wherein the scanning assembly comprises one or more laser galvos and a depth of focus mechanism ([0165]: deflecting device 8, focusing device 14).
UNRATH-LANGEWEYDE are not relied on for the remaining limitations of the claim.
However, LANGEWEYDE in analogous art teaches:
the one or more laser galvos are operable to control scanning of the sequence of laser beam pulses to the focal positions in the ophthalmic lens in two directions transverse to a direction of propagation of the sequence of laser beam pulses ([0084]: relay optical assembly 440 receives the XY scanned laser pulses 458 from the XY galvo scanning unit 442”); and
the depth of focus mechanism is operable to control scanning of the sequence of laser beam pulses to the focal positions in the ophthalmic lens in the direction of propagation of the sequence of laser beam pulses ([0085]: “Z stage 466 receives the XY scanned laser pulses 458 from the relay optical assembly 442. In the illustrated embodiment, the Z stage 466 and the XY stage 468 are coupled to the focusing objective lens 470 and controlled to selectively position the focusing objective lens 470 relative to the ophthalmic lens 410 for each of the XY scanned laser pulses 474 so as to focus the XYZ scanned laser pulse 474 onto a respective targeted sub-volume of the ophthalmic lens 410”).
LANGEWEYDE is analogous art to the claimed invention because they are from the same field of laser processing apparatuses. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to apply the teachings of LANGEWEYDE to the teachings of UNRATH-LANGEWEYDE such that LANGEWEYDE’s control subroutine could be used with UNRATH-LANGEWEYDE’s control algorithm for the purposes of precise control.
Regarding claim 11
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
UNRATH teaches a wherein the ophthalmic lens is disposed on a movable stage ([0025]: workpiece positioning system 108).
UNRATH-LANGEWEYDE are not relied on for the remaining limitations of the claim.
However, LANGEWEYDE in analogous art teaches:
wherein the ophthalmic lens is disposed on a movable stage, the method further comprising controlling positioning of the movable stage during scanning of the sequence of laser beam pulses to the focal positions in the ophthalmic lens ([0085]: “XY stage 468 is controlled in conjunction with control of the XY galvo scanning unit 442 so that the focusing objective lens 470 is suitably positioned for the respective transverse position of each of the XY scanned laser pulses 458 received by the Z stage 466”).
LANGEWEYDE is analogous art to the claimed invention because they are from the same field of laser processing apparatuses. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to apply the teachings of LANGEWEYDE to the teachings of UNRATH-LANGEWEYDE such that LANGEWEYDE’s stage control subroutine could have been used with UNRATH’s workpiece positioning system such that the workpiece would be moved relative to the pulse source.
Regarding claim 12
UNRATH-LANGEWEYDE teaches the elements of claim 1 as outlined above.
UNRATH-LANGEWEYDE are not relied on for the remaining limitations of the claim.
However, LANGEWEYDE in analogous art teaches:
causing a laser pulse source to emit the sequence of laser beam pulses, wherein the laser pulse source is mounted to a movable stage; and
controlling positioning of the movable stage during scanning of the sequence of laser beam pulses to the focal positions in the ophthalmic lens ([0085]: “XY stage 468 is controlled in conjunction with control of the XY galvo scanning unit 442 so that the focusing objective lens 470 is suitably positioned for the respective transverse position of each of the XY scanned laser pulses 458 received by the Z stage 466. The focusing objective lens 470 converges the laser pulse onto the targeted sub-surface volume of the lens 410. The patient interface/ophthalmic lens holder 472 restrains the ophthalmic lens 410 in a fixed position to support scanning of the laser pulses 474 by the scanning/interface assembly 438 to form the subsurface optical structures within the ophthalmic lens 410”).
LANGEWEYDE is analogous art to the claimed invention because they are from the same field of laser processing apparatuses. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to apply the teachings of LANGEWEYDE to the teachings of UNRATH-LANGEWEYDE such that LANGEWEYDE’s movable stage could be used in LANGEWEYDE’s laser surgical instrument (1), as shown in LANGEWEYDE Fig. 1.
Allowable Subject Matter
Claim 4 is 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.
Claims 13, 15-18, and 20-24 are allowed.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
Frey (US20070173794A1) teaches delivering a laser beam to a lens in three space using a predetermined pattern.
Zickler (US20180008462A1) teaches selection of predetermined values of pulse energy to provide the energy for modifying a lens.
Dick (US20140194860A1) teaches determination of the coordinates of focal positions and pulse energy by means of a look up table.
The prior art of record does not teach or suggest, either individual or in combination, the limitations recited in claim 4, or the limitations recited in claim 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael V Farina whose telephone number is (571)272-4982. The examiner can normally be reached Mon-Thu 8:00-6:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571) 272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.V.F./Examiner, Art Unit 2115
/KAMINI S SHAH/Supervisory Patent Examiner, Art Unit 2115
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