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 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.
1. Claim(s) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Aixin (CN108646428A).
In regards to claim 1, Aixin discloses the laser energy monitor device to treat myopia (Abstract – While Aixin does not explicitly state treating myopia, this portion of the claims is being interpreted as intended use since it is in the preamble and there is no significance; further, the device taught by Aixin is capable such an intended use; MPEP 2114. If applicant disagrees with this interpretation; see alternative 103 rejection below), comprising:
a laser light source, a housing, a beam shaping lens, a beam homogenizing lens, a photosensitive sensor, and a controller, wherein the housing is provided with a cavity for receiving the laser light source, the beam shaping lens, the beam homogenizing lens, and the photosensitive sensor (Page 3 teaches a laser [12], a collimated lens, i.e. beam shaping lens [14], a DOE, i.e. a beam homogenizing lens [16], a photosensitive device [18] and a control board [20]. Fig 1 shows this all being incased in a housing.)
the housing is also provided with a light aperture, the light aperture is communicated to the cavity, and the laser light source is positioned opposite to the light aperture (Fig 7-8 and Page 5 teaches a light transmission hole [252] that lets the laser light emit out. Fig 7 shows this laser source [12] being at the opposite end of the hole);
the beam shaping lens and the beam homogenizing lens are configured between the laser light source and the light aperture, and the light aperture, the beam homogenizing lens, the beam shaping lens, and the laser light source are successively arranged from top to bottom (Fig 1 and Fig 7 shows this arrangement); and
the photosensitive sensor is electrically connected to the controller (Fig 7 shows the photosensitive device [18] connected to the controller [20]).
In regards to claims 2 and 3, Aixin discloses the laser energy monitor of claim 1, wherein the photosensitive sensor is configured on an inner wall of the housing and adjacent to the light aperture (Fig 1 of Aixin), and a reflector is configured on the inner wall of the housing and adjacent to the light aperture (Page 5 of Aixin teaches a reflective layer [250]).
In regards to claim 4, Aixin discloses the laser energy monitor of claim 3, wherein the reflector is positioned opposite to the photosensitive sensor and adjacent to the light aperture, and a reflecting surface of the reflector is faced towards the photosensitive sensor (Fig 7 Aixin shows the photosensitive device [18] being opposite and facing towards the reflector [250]).
In regards to claim 9, Aixin discloses disclose a monitoring method for using in the laser energy monitor of claim 1 (see claim 1 rejection), comprising the steps of: Step 1. initiating a laser light source and emitting a light beam; Step 2. receiving a portion of the light beam from the laser light source with a photosensitive sensor and obtaining a light intensity, then transmitting the light intensity to a controller; Step 3. adjusting a brightness of the laser light source according to the detected light intensity from the controller (Page 6 of Aixin teaches the photosensitive device senses the light intensity from the beam and then can make adjustments if needed).
2. Alternatively, Claim(s) 1-4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aixin (CN108646428A) in view of Danlei (CN116236701A).
In regards to claim 1, Aixin discloses the laser energy monitor device (Abstract) comprising:
a laser light source, a housing, a beam shaping lens, a beam homogenizing lens, a photosensitive sensor, and a controller, wherein the housing is provided with a cavity for receiving the laser light source, the beam shaping lens, the beam homogenizing lens, and the photosensitive sensor (Page 3 teaches a laser [12], a collimated lens, i.e. beam shaping lens [14], a DOE, i.e. a beam homogenizing lens [16], a photosensitive device [18] and a control board [20]. Fig 1 shows this all being incased in a housing.)
the housing is also provided with a light aperture, the light aperture is communicated to the cavity, and the laser light source is positioned opposite to the light aperture (Fig 7-8 and Page 5 teaches a light transmission hole [252] that lets the laser light emit out. Fig 7 shows this laser source [12] being at the opposite end of the hole);
the beam shaping lens and the beam homogenizing lens are configured between the laser light source and the light aperture, and the light aperture, the beam homogenizing lens, the beam shaping lens, and the laser light source are successively arranged from top to bottom (Fig 1 and Fig 7 shows this arrangement); and
the photosensitive sensor is electrically connected to the controller (Fig 7 shows the photosensitive device [18] connected to the controller [20]).
While Aixin teaches this is used for eye related means, they do not disclose this device is used to treat myopia. However, in the same field of endeavor, Danlei teaches a device having a similar construction (i.e., the system comprises a laser and various lens for outputting a beam though an aperture) wherein the device is uses the laser light emitted to restore the thinned choroid to its normal thickness, provide sufficient oxygen for the sclera, and improve the blood circulation of the fundus, so that myopia will no longer deepen (Abstract and Page 1).
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 system of Aixin and used this system to emit laser light that can restore the thinned choroid to its normal thickness, provide sufficient oxygen for the sclera, and improve the blood circulation of the fundus, as taught and suggested by Danlei, so that myopia will no longer deepen.
In regards to claims 2-4 and 9, these claims have been addressed in the 102 rejection above.
3. Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aixin and Danlei and in further view of Skovgaard (US 20190365569 A1).
In regards to claim 5, the combined teaches of Aixin and Danlei disclose the laser energy monitor of claim 1, except for wherein the beam shaping lens is used for transforming a light beam emitted by the laser light source from an elliptical beam to a circular beam.
However, in the same field of endeavor, Skovgaard teaches a ophthalmic treatment device that comprises beam shapers (Abstract and Par. 0131) wherein the beam shaper changes the bream from elliptical to circular (Par. 0131) in order to achieve a larger, more uniform irradiance.
Therefore, it would have been obvious to one having ordinary skill in the art to have taken the teachings of Aixin and Danlei and modified them by having the beam shaper change the beam from elliptical to circular, as taught and suggested by Skovgaard, in order to achieve a larger, more uniform irradiance.
In regards to claims 6 and 7, the combined teaches of Aixin, Danlei, and Skovgaard disclose the laser energy monitor of claim 5, wherein the beam shaping lens is provided with a beam input side and a beam output side (Aixin teaches a beam shaper which would inherently have two sides);
the light beam emitted from the laser light source has a divergence angle from 10 to 45 degrees on the major-axis, and a divergence angle from 0 to 30 degrees on the minor-axis when entering the beam input side of the beam shaping lens, and the light beam emitted from the laser light source have a divergence angle from 0 to 30 degrees on both major-axis and minor-axis when exiting the beam output side of the beam shaping lens; wherein the laser light source is distanced from the beam input side of the beam shaping lens in a range from 1 to 10 mm, and the laser light source is distanced from the beam output side of the beam shaping lens in a range from 5 to 20 mm (Page 5 of Danlei teaches the device creates a divergence angle when the beam exits. It also teaches there is a distance between the laser and the lens)
Danlei discloses the claimed invention except for the exact degrees and mm ranges as claimed by the Applicant. It would have been obvious to one having ordinary skill in the art at the time the invention was made to uses these ranges since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
4. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aixin, Danlei, and Skovgaard and in further view of Li (NPL; Design of a single aspheric beam homogenizer for accurate particle sizing application).
In regards to claim 8, the combined teaches of Aixin, Danlei, and Skovgaard disclose the laser energy monitor of claim 1, except for wherein the beam homogenizing lens is an aspherical lens, configured for transforming the light beam that passes through the beam shaping lens into a flat-top distribution to obtain a circular collimated flat-top beam with a uniform intensity distribution.
However, in the same field of endeavor, Li teaches a optical system (Abstract) wherein an aspheric lens is used as a beam homogenizer to convert the light into a flattop profile at the desired working distance (Part 2) in order to achieve more accurate particle sizing and classification measurements.
Therefore, it would have been obvious to one having ordinary skill in the art to have taken the teachings of Aixin, Danlei, and Skovgaard and modified them by having the beam homogenizer be an aspherical lens, as taught and suggested by Li, in order to achieve more accurate particle sizing and classification measurements (Part 2 of Li).
5. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aixin, Danlei, and Skovgaard and in further view of Herzog (US 20130116538 A1).
In regards to claim 10, the combined teaches of Aixin and Danlei disclose the monitoring method of claim 9, except for wherein in the Step 2, when the reflector is configured on an inner wall of the housing, the light intensity of the light beam at the light aperture detected by a sensor is set as A, and the intensity of light beam detected by the photosensitive sensor is set as B, and the light beam attenuation coefficient x is calculated by comparing B with A; a light beam attenuation compensation formula is obtained as follows: A=B*x; and according to the light intensity detected by the photosensitive sensor and the light beam attenuation coefficient, the light intensity of the light beam at the light aperture is calculated by such a compensation formula in real time.
However, in the same field of endeavor, Herzog teaches a method for ensuring safety in laser systems (Abstract) wherein the system can have a time gain compensation that compensates for the attenuation that occurs to the light as it transmits from a surface of a volume of e.g., tissue to areas within the volume of tissue, and/or for attenuation to the optoacoustic return signal as it transmits through the volume of tissue (Par. 0088 - the claimed formula is by definition light attenuation, therefore any art that teaches light attenuation intrinsically/inherently teaches the formula) in order to give a full representation of the data (Par. 0088).
Therefore, it would have been obvious to one having ordinary skill in the art to have taken the teachings of Aixin and Danlei and modified them by having the system perform light attenuation, as taught and suggested by Herzog, in order to give a full representation of the data (Par. 0088 of Herzog).
Conclusion
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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796