DETAILED ACTION
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5 and 14 are rejected under 35 U.S.C. 102(a1) as being anticipated by Gutridge et al. (US 6,830,335).
Regarding claim 1, Gutridge discloses an ophthalmic imaging apparatus comprising a light source (optical fibre 8, column 6, lines 34-35) arranged to generate a light beam, a photodetector (image-capturing optics, column 6, lines 24-25 and 44-45), an optical system arranged to illuminate a portion of an eye with light from the light beam and collect light from the illuminated portion of the eye, an optical assembly arranged to guide the light beam from the light source to the optical system (light reflected along axis 13 to the eye 29 of the patient, column 6, lines 34-37), and to convey the light collected by the optical system towards the photodetector (axis 23 in the same plane as optical axes of image-capturing optics, e.g., prisms, column 6, lines 22-24, the optical assembly comprising a housing (bracket 21, column 6, line 18) through which the light beam from the light source propagates towards the optical system in a first direction along an optical path during use of the ophthalmic imaging apparatus (light reflected along axis 13 to the eye 29 of the patient, column 6, lines 34-37), and through which the light collected by the optical system propagates towards the photodetector in a second direction along the optical path during use of the ophthalmic imaging apparatus, wherein the second direction is opposite to the first direction, and the housing comprises an opening for allowing the light beam generated by the light source to enter the housing (axis 34 in the same plane as optical axes of image-capturing optics, e.g., prisms, column 6, lines 22-24), an arm which extends into the housing (adapter 21 which couples optical fibre to attachment 20, column 6, lines 38-40; frame 22 mounted to the bracket 21, column 6, lines 20-21), a reflective element mounted on the arm (mirror 27 carried by frame 22, column 6, lines 30-31), the reflective element comprising a reflective surface for reflecting the light beam passing through the opening during use of the ophthalmic imaging apparatus (laser light is delivered in the viewing plane through optical fibre 8 via focusing lens 28 onto the mirror 27, where it is reflected, still in the viewing plane, along axis 13 to the eye 29 of the patient, column 6, lines 34-37), and an adjustable attachment mechanism (journal 21 pivotally mounts the frame 22 to the bracket 21, column 6, lines 38-39) arranged to attach the arm to the housing and to allow the reflective element to be adjusted by at least one of: rotating the reflective element about a first axis of rotation passing through a point on the reflective surface, the first axis of rotation being perpendicular to the optical path, rotating the reflective element about a second axis of rotation passing through the point on the reflective surface, the second axis of rotation being perpendicular to the first axis of rotation and the optical path, or translating the reflective element along the optical path (mirror 27 may be rotated for adjustment of the alignment of the axis 13 of the laser beam by pivoting the cage 22 about the axis 23, column 7, lines 10-12), such that, during use of the ophthalmic imaging apparatus, the reflective element is arranged to reflect the light beam passing through the opening to propagate along the optical path in the first direction (light reflected along axis 13 to the eye 29 of the patient, column 6, lines 34-37).
Regarding claim 5, Gutridge further discloses wherein the adjustable attachment mechanism allows the reflective element mounted on the arm to be adjusted by rotating the reflective element about the second axis of rotation, and comprises a supporting portion attached to the arm, the supporting portion being rotatable about a pivot which is aligned with the second axis of rotation such that the reflective element mounted on the arm is rotatable about the second axis of rotation (journal 21 pivotally mounts the frame 22 to the bracket 21, column 6, lines 38-39).
Regarding claim 14, Gutridge further discloses a light source (optical fibre 8, column 6, lines 34-35) arranged to generate a light beam, a photodetector (image-capturing optics, column 6, lines 24-25 and 44-45), and an optical system arranged to illuminate a portion of an eye with light from the light beam and collect light from the illuminated portion of the eye, and the optical assembly according to any preceding claim, the optical assembly being arranged to guide the light beam from the light source to the optical system, and convey the light collected by the optical system towards the photodetector.
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 6, 7, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Gutridge et al. (US 6,830,335), as applied to claim 1.
Regarding claim 6, Gutridge discloses all the claimed limitations except wherein the adjustable attachment mechanism comprises a second moveable member attached to the adjustable attachment mechanism and having an end abutting a side of the supporting portion, and a second resilient member arranged to force the side of the supporting portion against the end of the second moveable member, and the second moveable member, when moved relative to the adjustable attachment mechanism, is arranged to cause the supporting portion to rotate about the pivot, thereby causing the reflective element to rotate about the second axis of rotation. However, the second movable member and the resilient member would be straightforward possibilities form which one skilled in the art would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement a second movable member and a resilient member for the purpose of causing the reflective element to rotate about the second axis of rotation.
Regarding claim 7, Gutridge discloses all the claimed limitations except wherein the second moveable member attached to the adjustable attachment mechanism comprises a second screw which has been screwed through a second threaded portion of the adjustable attachment mechanism, wherein an end of the second screw abuts the side of the supporting portion, and wherein the second screw, when rotated to move through the second threaded portion, causes the supporting portion to rotate about the pivot. However, the second screw would be straightforward possibilities form which one skilled in the art would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement a second screw for the purpose of causing the supporting portion to rotate about the pivot.
Regarding claim 13, Gutridge discloses all the claimed limitations except wherein a projection of the arm on a plane perpendicular to the optical path has an area which is less than 10 % of an area of a cross-section of the housing or of the light collected by the optical system that propagated through the housing during use of the ophthalmic imaging apparatus. However, selecting an area equivalent to a percentage of an area of a cross-section of the housing would be straightforward possibilities form which one skilled in the art would select, in accordance with specific application, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to selecting an area equivalent to a percentage of an area of a cross-section of the housing for application-specific purpose.
Regarding claim 15, Gutridge discloses all the claimed limitations except wherein the light source is slidably attached to the ophthalmic imaging apparatus such that a location on the reflective element, at which the light beam generated by the light source is incident on the reflective element, is adjustable along an axis perpendicular to the optical path. However, having a slidable light source would be straightforward possibilities form which one skilled in the art would select, in accordance with circumstances, without the exercise of inventive skill, in order to solve the problem posed. Therefore, it would have been obvious to one of ordinary skill in the art to implement a slidable light source for the purpose of adjusting the reflective element along an axis perpendicular to the optical path.
Allowable Subject Matter
Claims 2-4 and 8-12 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. The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 2, the prior art fails to disclose wherein the adjustable attachment mechanism is arranged to allow the reflective element mounted on the arm to be adjusted by rotating the reflective element about the first axis of rotation, and comprises a first contact surface which faces the reflective element, wherein the first contact surface has a shape of a part of a surface of revolution about the first axis of rotation, the arm comprises one or more second contact surfaces arranged to contact the first contact surface at points that are equidistant from the first axis of rotation and have different respective angular positions about the first axis of rotation, and the one or more second contact surfaces are slidable over the first contact surface such that the reflective element is rotatable about the first axis of rotation.
Regarding claim 8, the prior art fails to disclose wherein the adjustable attachment mechanism allows the reflective element mounted on the arm to be adjusted by translating the reflective element along the optical path, the adjustable attachment mechanism comprising a base portion which is slidably attached to the housing so as to be slidable along the housing, in a direction parallel to the optical path, such that the reflective element mounted on the arm is translatable along the optical path.
Response to Arguments
Applicant's arguments filed on 2/18/26 have been fully considered but they are not persuasive. Regarding claim 1, the Applicant argues Gutridge fails to anticipate amended claim 1. The Examiner respectfully disagrees as claim 1 is rejected clearly as above.
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 JACK DINH whose telephone number is (571)272-2327. The examiner can normally be reached Monday - Friday 9am-5pm.
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/JACK DINH/Primary Examiner, Art Unit 2872 7/29/26
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