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 Objections
Claim 8 is objected to because of the following informalities:
In Claim 8, line 3, “the part of the light that is steered is near the center” should read “ the part of the light that is steered is near the center of the mirror”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 9-11, 14-17, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US Pub 2015/0176969 A1) in view of Wong et al. (US Pub 2019/0008390 A1)(hereinafter, “Wong”).
Regarding claim 1, Jensen teaches an optical coherence tomography scanner(a distance measuring interferometric system that operates based on the optical coherence tomography principle, [0050]), the scanner comprising:
a wavelength-tunable light source (discloses a wavelength-modulated laser source, [0041] and “the laser source, which is tunable with regard to the wavelength”, [0050]) configured to generate scanning light having a range of wavelengths(discloses a tunable wavelength range, [0041] and [0050]);
a scanning probe (a probe head 10, [0044-0045]) having a scanning head (optical unit part 10c, [0049]) that directs light to the sample(discloses a probe structure with an optical unit part 10c that emits light onto a sample surface, [0052-0053]);
a light circulator (optical circulator 2, [0042]) configured:
to direct the scanning light through at least a first optical fiber for conveying light to the scan head(discloses the optical circulator 2 directs the scanning light into the fiber that conveys light to the optical unit 10c, [0047] and [0052-0053]);
to direct a sample signal, having scattered and reflected light from the sample and through at least the first optical fiber, to a detector(discloses the light backscattered from the surface 4 travels through the same fiber back to the optical circulator 2, which then directs it to the radiation detector 5, [0042] and [0047]);
to direct a reference signal, having light reflected back from a partial reflection apparatus(discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]) through at least the first optical fiber (uses a common-path interferometer setup that uses a single optical fiber to send and receive both the sample and reference signals, [0042] and [0053]), to the detector(to the radiation detector 5, [0042]);
wherein the detector (the radiation detector 5) forms a digital output signal (discloses the detector output is processed in an evaluation unit, implies digitization of the analog detector output, [0042] and [0063]) indicative of interference ([0063]) of the combined sample and reference signals (discloses that both sample and reference signals are combined and sent to the detector, [0042]).
Jensen fails to disclose an optical coherence tomography scanner for imaging an intraoral sample, and a display configured to form an image of sample features according to the digital output signal.
Wong teaches an optical coherence tomography scanner (OCT system, [0068-0071]) for imaging an intraoral sample (intraoral OCT, [0068] and [0080]), and a display (display 72, [0069]) configured to form an image of sample features ([0078]) according to the digital output signal (discloses a system and method that takes digital interference signals from a detector, processes them using a CPU 70, and displays the resulting images of sample features on a connected display 72, [0069] and [0082-0084]) .
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging and display features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Regarding claim 2, Jensen teaches wherein the partial reflection apparatus (discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]) is disposed to reflect light from the at least the first optical fiber(uses a common-path interferometer setup that uses a single optical fiber to send and receive both the sample and reference signals, [0042] and [0053]).
Regarding claim 9, Jensen teaches the scanning head (optical unit part 10c, [0049]) but fails to disclose is configured for intraoral scanning.
Wong teaches wherein the scanning head (probe 46, [0080]) is configured for intraoral scanning (intraoral OCT, [0068] and [0080]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Regarding claim 10, Jensen teaches wherein the scanning head (optical unit part 10c, [0049]) scans the light in one or two dimensions (discloses optical unit part 10c uses line (1D) or matrix (2D) microlens arrays for scanning, [0059]).
Regarding claim 11, Jensen teaches wherein at least one of: (a) the light circulator and first optical fiber are housed within the scanning probe, (b) the detector is housed within the scanning probe([0046]), or (c) the wavelength-tunable light source is housed within the scanning probe(discloses the tunable laser source can be placed in the probe head’s base part 10a, [0050]).
Regarding claim 14, Jensen teaches wherein the scanning probe (a probe head 10, [0044-0045]) is configured as a hand-held probe (discloses the probe head 10 that is movable, guided via an arm/joint, and in some configurations may be compact and self-contained, [0044-0045] and [0049]).
Regarding claim 15, Jensen teaches wherein the light circulator (optical circulator 2, [0042]) is configured to direct scanning light for a two or more channels (discloses a system that includes multiple parallel measurement channels [0050-0052], and it uses a single optical circulator in the interferometric beam path [0042], the optical circulator is inherently configured to direct scanning light for multi-channel operation).
Regarding claim 16, Jensen teaches an optical coherence tomography scanner (a distance measuring interferometric system that operates based on the optical coherence tomography principle, [0050]), the scanner comprising:
a wavelength-tunable light source (discloses a wavelength-modulated laser source, [0041] and “the laser source, which is tunable with regard to the wavelength”, [0050]) configured to generate scanning light having a range of wavelengths (discloses a tunable wavelength range, [0041] and [0050]);
a scanning probe (a probe head 10, [0044-0045]) having a scanning head (optical unit part 10c, [0049]) that directs light to the sample(discloses a probe structure with an optical unit part 10c that emits light onto a sample surface, [0052-0053]);
a light circulator (optical circulator 2, [0042]) configured to direct light to and from ([0042]) a plurality of channels(discloses multiple parallel measurement channels [0050-0052]), each channel having:
a signal detector(the radiation detector 5, [0042] and [0054]);
an optical fiber (fiber 11, [0052]) in optical communication with the detector and the light source (discloses that fiber 11 connects the light source, the sample via the optical unit, and the detector, per channel, [0052-0054] and [0065]), for conveying the scanning light from the light source to the scanning head (discloses the optical circulator 2 directs the scanning light into the fiber that conveys light to the optical unit 10c, [0047] and [0052-0053]) and for combining the scanning light that is reflected from a partial reflection apparatus (discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]) with scattered and reflected light from the sample (discloses the light backscattered from the surface 4 travels through the same fiber back to the optical circulator 2, which then directs it to the radiation detector 5, [0042] and [0047]);
wherein the detector (the radiation detector 5) forms a digital output signal (discloses the detector output is processed in an evaluation unit, implies digitization of the analog detector output, [0042] and [0063]) indicative of interference ([0063]) of the combined light from each of the plurality of channels(discloses that for each channel, the sample signal and the reference signal are combined and sent together to the radiation detector, [0042] and [0061-0065]).
Jensen fails to disclose an optical coherence tomography scanner for imaging an intraoral sample, and a display configured to form an image of sample features according to the digital output signal.
Wong teaches an optical coherence tomography scanner (OCT system, [0068-0071]) for imaging an intraoral sample (intraoral OCT, [0068] and [0080]), and a display (display 72, [0069]) configured to form an image of sample features ([0078]) according to the digital output signal (discloses a system and method that takes digital interference signals from a detector, processes them using a CPU 70, and displays the resulting images of sample features on a connected display 72, [0069] and [0082-0084]) .
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging and display features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Regarding claim 17, Jensen teaches wherein the partial reflection apparatus (discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0052]) receives light from the optical fiber(receives light from fiber 11, [0042] and [0052]).
Regarding claim 24, Jensen teaches wherein the light circulator (optical circulator 2, [0042]) is housed together with the scanning head (optical unit part 10c, [0049]) inside the scanning probe (a probe head 10, discloses the optical circulator 2 is part of interferometric setup and probe head integrates all or most components of the interferometric distance measuring arrangement, [0046-0050]).
Regarding claim 25, Jensen teaches wherein the scanning head (optical unit part 10c, [0049]) scans the light in one or two dimensions (discloses optical unit part 10c uses line (1D) or matrix (2D) microlens arrays for scanning, [0059]).
Regarding claim 26, Jensen teaches wherein the scanning probe (a probe head 10, [0044-0045]) is a hand-held probe (discloses the probe head 10 that is movable, guided via an arm/joint, and in some configurations may be compact and self-contained, [0044-0045] and [0049]).
Regarding claim 27, Jensen teaches the scanning head (optical unit part 10c, [0049]) but fails to disclose is configured for intraoral scanning.
Wong teaches wherein the scanning head (probe 46, [0080]) is configured for intraoral scanning (intraoral OCT, [0068] and [0080]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to integrate intraoral imaging features of Wong to Jensen to improve imaging flexibility, speed and real-time visualization capabilities, thereby enabling more accurate intraoral optical coherence tomography scanning ([0014] and [0065]).
Claims 3 -5, 8, 18-20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US Pub 2015/0176969 A1) in view of Wong et al. (US Pub 2019/0008390 A1)(hereinafter, “Wong”), further in view of Tearney et al. (US Pub 2006/0109478 A1)(hereinafter, “Tearney”).
Regarding claim 3, Jensen teaches wherein the partial reflection apparatus(discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]).
Jensen in view of Wong fails to disclose a partially reflective surface of a window or a plate.
Tearney teaches the partial reflection apparatus (optical exemplary element 310, [0030]) is provided by a partially reflective surface of a window or a plate(“…the inner surface of the outer sheath or the outer surface of the transparent sheath and/or the like”, indicates that element 310 includes planar surfaces that partially reflect light, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a planar, partially reflective surface of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 4, Jensen in view of Wong fails to disclose wherein the window or the plate is a wedge.
Tearney teaches wherein the window or the plate is a wedge (discloses angling of optical interfaces to eliminate fringe ambiguities and spurious reflections, implies the use of wedge-shaped elements, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a wedge-shaped element of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 5, Jensen in view of Wong fails to disclose wherein the partial reflection apparatus consists of: (a) a beam splitter and a mirror, (b) a mirror that back reflects part of the light, or (c) a mirror that steers part of the light to a back-reflecting mirror.
Tearney teaches wherein the partial reflection apparatus (optical exemplary element 310, [0030]) consists of: (a) a beam splitter and a mirror (a beam splitter 640 and a reference mirror 660, [0035]), (b) a mirror that back reflects part of the light(a dielectric mirror, a partially reflecting metal mirror, [0030]), or (c) a mirror that steers part of the light to a back-reflecting mirror.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a beam splitter and a mirror or a mirror that back reflects part of the light of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 8, Jensen in view of Wong fails to disclose wherein the partial reflection apparatus is the mirror that steers part of the light to the back-reflecting mirror and the part of the light that is steered is near the center.
Tearney teaches wherein the partial reflection apparatus(optical exemplary element 310, [0030]) is the mirror that steers part of the light (discloses the beam splitter 640 steers light toward reference mirror 660, [0035]) to the back-reflecting mirror (reference mirror 660 acts as the back-reflection mirror, [0035]) and the part of the light that is steered is near the center(beam splitting at central optical path inside miniature interferometer 680, [0035]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a beam splitter and a mirror that steers part of the light to a back-reflecting mirror of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 18, Jensen teaches wherein the partial reflection apparatus(discloses reflection at gradient-index (GRIN) lens interface functions as the partial reflector, [0042] and [0053]).
Jensen in view of Wong fails to disclose a partially reflective surface of a window or a plate.
Tearney teaches the partial reflection apparatus (optical exemplary element 310, [0030]) is provided by a partially reflective surface of a window or a plate(“…the inner surface of the outer sheath or the outer surface of the transparent sheath and/or the like”, indicates that element 310 includes planar surfaces that partially reflect light, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a planar, partially reflective surface of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 19, Jensen in view of Wong fails to disclose wherein the window or the plate is a wedge.
Tearney teaches wherein the window or the plate is a wedge (discloses angling of optical interfaces to eliminate fringe ambiguities and spurious reflections, implies the use of wedge-shaped elements, [0030]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a wedge-shaped element of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 20, Jensen in view of Wong fails to disclose wherein the partial reflection apparatus consists of: (a) a beam splitter and a mirror, (b) a mirror that back reflects part of the light, or (c) a mirror that steers part of the light to a back-reflecting mirror.
Tearney teaches wherein the partial reflection apparatus (optical exemplary element 310, [0030]) consists of: (a) a beam splitter and a mirror (a beam splitter 640 and a reference mirror 660, [0035]), (b) a mirror that back reflects part of the light(a dielectric mirror, a partially reflecting metal mirror, [0030]), or (c) a mirror that steers part of the light (discloses the beam splitter 640 steers light toward reference mirror 660, [0035]) to a back-reflecting mirror (reference mirror 660 acts as the back-reflection mirror, [0035]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a beam splitter and a mirror or a mirror that back reflects part of the light of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Regarding claim 23, Jensen in view of Wong fails to disclose wherein the partial reflection apparatus is the mirror that steers part of the light to the back-reflecting mirror and the part of the light that is steered is near the center of the mirror.
Tearney teaches wherein the partial reflection apparatus(optical exemplary element 310, [0030]) is the mirror that steers part of the light (discloses the beam splitter 640 steers light toward reference mirror 660, [0035]) to the back-reflecting mirror (reference mirror 660 acts as the back-reflection mirror, [0035]) and the part of the light that is steered is near the center of the mirror(beam splitting at central optical path inside miniature interferometer 680, [0035]).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date to modify Jensen in view of Wong by incorporate a beam splitter and a mirror that steers part of the light to a back-reflecting mirror of Tearney to Jensen in view of Wong to reduce fringe instability and improve imaging speed and real-time visualization capabilities ([0030-0032]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA XING whose telephone number is (571)270-7743. The examiner can normally be reached Monday - Friday 9AM - 5 PM.
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/CHRISTINA I XING/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877
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