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 .
Information Disclosure Statement
The information disclosure statements were (IDS) submitted on 05/03/2024, 05/22/2024, and 06/05/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
Claims 1-18 are presently pending and under examination.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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 2 and 11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the lenticule edge" in line 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the lenticule edge" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claim 1, 3 -10, and 12-18 allowed.
Claims 2 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The instant invention in claim 1 and claim 10 are directed to an ophthalmic surgical laser system and a method for creating a lenticular incision using an ophthalmic surgical laser system.
Regarding claims 1 and 10, the closest prior art of record Fu et al. (US 2020/0046558 A1), hereinafter Fu an ophthalmic surgical laser system (Abstract: “An ophthalmic surgical laser system”, system 10) comprising:
a laser source (laser 14) configured to generate a pulsed laser beam (pulsed laser beam 18) comprising a plurality of laser pulses ([0025] “a laser 14 capable of generating a pulsed laser beam 18”, [0028] “the laser 14 may comprise a laser source configured to deliver an ultraviolet laser beam comprising a plurality of ultraviolet laser pulses”) ;
a laser delivery system configured to deliver the pulsed laser beam to a target tissue in a subject's eye ([0011] “an ophthalmic surgical laser system which includes: a laser delivery system for delivering a pulsed laser beam to a target in a subject's eye”, Figure 2: shows components of a laser delivery system);
a high frequency scanner configured to scan the pulsed laser beam back and forth at a predefined frequency ([0011] “a high frequency scanner to scan the pulsed laser beam back and forth at a predefined frequency”);
an XY-scanner ( a moveable XY-scanner (or XY-stage) 28) configured to deflect the pulsed laser beam ([0025] “an XY-scanner 28 for deflecting or directing the pulsed laser beam 18 from the laser 14 on or within the material 12”), the XY-scanner being separate from the high frequency scanner ([0011] “the XY-scanner being separate from the high frequency scanner”),
a Z-scanner (Z-scanner 20) configured to modify a depth of a focus of the pulsed laser beam ([0025] “a Z-scanner 20 for modifying the depth of the pulse laser beam 18”); and
a controller (controller 22) configured to control the laser source ([0011] “controlling the laser delivery system”), the high frequency scanner, the XY-scanner and the Z-scanner to successively form a plurality of sweeps which collectively form at least one lenticular incision of a lens in the subject's eye ([0011] “a controller configured to control the high frequency scanner, the XY-scanner and the Z-scanner to successively form a plurality of sweeps which collectively form at least one lenticular incision of a lens in the subject's eye”), the lens having a curved surface that defines an apex and a Z axis passing through the apex ([0011] “the lens having a curved surface that defines an apex and a Z axis passing through the apex”, [0042]), wherein each sweep is formed by:
controlling the laser source to generate the pulsed laser beam ([0011] “controlling the laser delivery system”);
controlling the high frequency scanner to deflect the pulsed laser beam to form a scanline, the scanline being a straight line having a predefined length and being tangential to a parallel of latitude of the lens, the parallel of latitude being a circle on the surface of the lens that is perpendicular to the Z axis and has a defined distance to the apex ([0011] “controlling the high frequency scanner to deflect the pulsed laser beam to form a scan line, the scan line being a straight line having a predefined length and being tangential to a parallel of latitude of the lens, the parallel of latitude being a circle on the surface of the lens that is perpendicular to the Z axis and has a defined distance to the apex”), and
controlling the XY-scanner and the Z-scanner to move the scanline along a meridian of longitude of the lens, the meridian of longitude being a curve that passes through the apex and has a defined angular position around the Z axis ([0011] “controlling the XY-scanner and the Z-scanner to move the scan line along a meridian of longitude of the lens, the meridian of longitude being a curve that passes through the apex and has a defined angular position around the Z axis,”)
wherein the plurality of sweeps are successively formed one after another along the respective meridians of longitude which are different from one another ([0011] “wherein the plurality of sweeps are successively formed one after another along the respective meridians of longitude which are different from one another.”).
The prior art record does not disclose, teach or suggest wherein the scanline is moved at a sweeping speed having a sigmoid profile: ν(η)=νcenter+(νedge - νcenter)/(1+
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where ν(η) is a magnitude of the sweeping speed, η is a one-dimensional position along the sweep in an XY plane, its absolute value |η| being a radial distance to a lenticule center on the Z axis, ηmax is a maximum radius of the lenticule incision in the XY plane, and vcenter, vedge, slope and inflection are parameters (emphasis added).
Claims 2-9 depend from and thus further limit claim 1 and claims 11-18 depend from and thus further limit claim 10, and therefore are also allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATTIYA SAYYADA HUSSAINI whose telephone number is (703)756-5921. The examiner can normally be reached Monday-Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at 5712724156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ATTIYA SAYYADA HUSSAINI/Examiner, Art Unit 3792
/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792