DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
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 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.
Priority
Acknowledgment is made of applicant's claim for foreign priorities based on applications filed in Europe on 2/24/2023 and 3/3/2023. It is noted, however, that applicant has not filed a certified copies of the EP 23158559.7, EP 23158561.3, EP 23158510.0 and EP 23159969.7 applications as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 1-11 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, cited term of “a light sealing gasket comprising two apertures aligned with the photo detectors” (line 10) is vague and renders the claims indefinite, as there are more than one detectors and apertures as claimed (--two detectors, two apertures), alignments of the four elements is not unique. It is not clear that the four elements is aligned along a axis (one alignment line), or the four elements, each of the apertures is aligned with each of the detectors respectively (along two alignment lines).
More, claim cites that “A keratoscope relay mechanism for an optical coherence tomography (OCT) scanner adapter configured as a microscope accessory for a microscope”, so the keratoscope relay mechanism and the microscope are separated components (see claims 2 and 8, …attached…). Claim recites “…the microscope keratoscope LEDs…” (line 7-8 and 11-12), it is unclear that the microscope keratoscope LEDs is an element in the keratoscope relay mechanism, or an element in the microscope. Is the relay mechanism comprising LEDs elements of microscope?
Claims 2-4 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Claim 5 has the same undefined issues as those of claim 1 in line 7-10.
Claims 6-11 are rejected as containing the deficiencies of claim 5 through their dependency from claim 5.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
(a) Zhou et al (US 20140055749) is cited for the teaching a keratoscope relay mechanism for an optical coherence tomography (OCT) scanner adapter configured as a microscope accessory for a microscope (¶[0208], line 1-20, …..can be measured using the built-in OCT and eye camera and a built-in or external corneal topographer/keratometer that can be attached either to a surgical microscope or the presently disclosed apparatus), the relay mechanism comprising:
a plurality of light emitting diodes (LEDs) comprising a ring arrangement, the LED ring arrangement forming a keratoscope ring replicating an arrangement of a plurality of keratoscope LEDs of the microscope (fig. 3, 302/304, 312. 314; and ¶[0006]);
a pair of photo detectors, at least one of the different microscope keratoscope LEDs being activated in a fixation keratoscope mode (¶[0006], line 1-12, The circuit includes an opto-electronic position sensing detector/device (PSD) such as a quadrant photodiode/ detector/cell/sensor or a lateral effect position sensing detector; a superluminescent diode (SLD or SLED) and its drive circuit; a camera is used to provide live video images of the eye from which the wavefront is being measured),and
wherein based on the photo detectors detecting a keratoscope state of the microscope keratoscope LEDs, a corresponding keratoscope state of LEDs of the keratoscope ring is activated (fig. 13A-F).
(b) Zhang (US 20190254515) is cited for teaches a keratoscope and a multifunctional ophthalmic instrument (fig. 2, 20; abstract; ¶[0006]) for an optical coherence tomography (OCT) (¶[0008]) comprising: a plurality of light emitting diodes (LEDs) comprising a ring arrangement (figs. 1-4, 2, 20, 22); photo detectors (¶[0026]); and wherein based on the photo detectors detecting a keratoscope state of the microscope keratoscope LEDs, a corresponding keratoscope state of LEDs of the keratoscope ring is activated (¶[0059]).
(c) Spasovski et al (US 20170215726) is cited for teaching a surgery system including keratometric measurements (fig. 1; abstract; ¶[0040]) comprising: a plurality of light emitting diodes (LEDs) comprising a ring arrangement (figs. 1-3, 12), photo detectors (fig. 1, 11), a corresponding state of LEDs of the ring is activated (fig. 1, 15; ¶[0097].
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872