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 .
Election/Restrictions
Applicant's election with traverse of Species D,1,i in the reply filed on May 8, 2026 is acknowledged. Applicant has kindly identified claims 1-10 as generic or directed to the elected species. The traversal is on the ground(s) that Species B and D are the same and that Species A-F do not unduly increase search and figure 1 is generic to Species 1-7 and Species i-ii that they are not mutually exclusive. This is not found persuasive because Species B is for two constant simultaneous optical paths (see figure 2) and Species D is for switching/alternating between two optical paths. These two mutually exclusive species have distinct features and utilize different elements (e.g. beam splitters versus switchable reflectors). Regarding Species A-F – amongst Species A-F each of these species are mutually exclusive from each other and have distinct difference, such as different numbers of fixed or moving or switchable optical paths. Regarding figure 1 being generic to Species 1-7 and Species i-ii – figure 1 does not have any details that are in Species 1-7 and Species i-ii, however, amongst Species 1-7 each of these species use distinct means of changing the focusing light to different positions that require different elements to operate, such as linearly moving or rotationally moving either mirrors or lenses; between Species i-ii are mutually exclusive from each other and have distinct difference, such as adjusting the path length or not. The requirement is still deemed proper and is therefore made FINAL.
Regarding applicant’s noting that figure 1 belongs to elected Species D and is generic to Species 1-7 grouping and Species i-ii grouping, the examiner agrees.
Upon further review, claim 9 is directed to withdrawn Species A from the A-F grouping and withdrawn Species 3 from the 1-7 grouping, and claim 10 is directed to withdrawn Species A from the A-F grouping and withdrawn Species 2 from the 1-7 grouping. Thus, claims 9-10 are also considered withdrawn. Accordingly, claims 1-8 are examined below and claims 9-18 are considered withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 17, 2024 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being 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.
Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As previously noted, regarding claim 8 “the sensing arm” and “the reference arm” has antecedent issues. It is unclear if a new/different element is being introduced or if the applicant is referring to the arms introduced in claim 7 (assumed). For purposes of examination the examiner will assume claim 8 depends from claim 7.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 8 is rejected under 35 U.S.C. 112(a) because the specification, while being enabling for “wherein the sensing arm does not share the optical path of the reference arm”, does not reasonably provide enablement for “wherein the sensing arm shares the optical path of the reference arm”. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make the invention commensurate in scope with these claims. The specification shows only enables the sensing arm and the reference arm does not share an optical path, e.g. see figure 2 reference arm RA on optical path L1 and sensing arm SA on optical path L2. For purposes of examination the examiner will use “wherein the sensing arm does not share
Claim Rejections - 35 USC § 102
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 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 1-3 and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chong US Patent Application Publication 2017/0314908.
Regarding claim 1 Chong discloses an optical system applied to an optical biometer (title e.g. figure 2 OCT system 200), the optical system comprising: a light source (e.g. light source 210), configured to emit an incident light (e.g. beam 240); a first switchable reflector (e.g. polarization switch 236), disposed corresponding to the light source and selectively switched to a first state or a second state (e.g. paragraph [0035] “capable of switching light between two or more orthogonal polarization states”); a second switchable reflector (e.g. scan mirror 250), disposed corresponding to an eye and selectively switched to the first state or the second state (axiomatic that a scan mirror can be in different states (e.g. paragraph [0039] “may scan different depth ranges and/or areas”); a first fixed reflector (e.g. mirror 246), disposed corresponding to the first switchable reflector and the second switchable reflector; and a second fixed reflector (e.g. mirror 251), disposed corresponding to the first switchable reflector, the second switchable reflector and the first fixed reflector; wherein in a first mode (e.g. when system has first sample path 280 is used), the first switchable reflector and the second switchable reflector are switched to the first state, and the incident light is emitted to the first fixed reflector and reflected by the first fixed reflector along a first optical path (e.g. paragraph [0036] “236 applies a first polarization state to the beam 240, then the beam 240 is directed to the first sample path 280”) and then emitted to a first position of the eye (e.g. paragraph [0037] “280 enables use of the beam 240 as a collimating beam with a convergent scanning pattern to scan a retinal area 258 of the sample eye 256”); in a second mode (e.g. when system has second sample path 290 is used), the first switchable reflector and the second switchable reflector are switched to the second state, and the incident light is sequentially reflected by the first switchable reflector, the second fixed reflector and the second switchable reflector along a second optical path (e.g. paragraph [0036] “236 applies a second polarization state … to the beam 240, then the beam 240 is directed to the second sample path 290”) and then emitted to a second position of the eye (e.g. paragraph [0038] “290 thereby enables use of the beam 240 as a divergent beam with a lateral scanning pattern perpendicular to the sample to enable imaging of an anterior chamber 259 of the eye 256”).
Regarding claim 2 Chong discloses the optical system of claim 1, as set forth above. Chong further discloses wherein the first position of the eye is retina (e.g. 258) and the first mode is retina mode (e.g. paragraph [0037]).
Regarding claim 3 Chong discloses the optical system of claim 1, as set forth above. Chong further discloses wherein the second position of the eye is cornea (e.g. 259) and the second mode is corneal mode (e.g. paragraph [0038]).
Regarding claim 7 Chong discloses the optical system of claim 1, as set forth above. Chong further discloses wherein the optical biometer is an optical coherent interference biometer (e.g. abstract “OCT system includes a light source configured to emit a beam and an interferometer”), comprising: an optical splitter (e.g. mirror 225 paragraph [0034] “225 is a half-mirror that reflects some of the light that hits it, but allows other light to pass through”), configured to divide the incident light emitted by the light source (e.g. 240) into a reference light (e.g. along reference path 228) and a sensing light (e.g. light along first and second sample path 280 & 290); a reference arm (e.g. 228), configured to reflect the reference light to generate a first reflected light (e.g. light reflected by mirror 272); a sensing arm (e.g. elements to the right of 225), configured to emit the sensing light to the eye (see figure 2) and receive a second reflected light from the eye (inter alia paragraphs [0037-38] “Light from the beam 240 that is reflected or backscattered passes back through the first sample path to the interferometer and the photodetector 220”); and a sensor (e.g.220), configured to receive the first reflected light (inter alia paragraph [0037]) and the second reflected light (inter alia paragraph [0038]) respectively (paragraph [0039] “both the first sample path 280 and the second sample path 290 of the system 200 are arranged to eventually direct the beam 240 onto the common axis 243 so that the beam 240 may scan different depth ranges and/or areas of the same sample (here the eye 256)”) and generate a sensing result (axiomatic e.g. paragraph [0049] “a processing system in communication with the photo-detector can generate a first image and a second image based on the alternating signals 415 and 420 received at the photo-receptor and output to the processing system. For example the two images may be of different image zones or depth ranges of a sample”).
Regarding claim 8 Chong discloses the optical system of claim 7, as set forth above. Chong further discloses wherein the sensing arm does not share .
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chong US Patent Application Publication 2017/0314908 in view of Iketa foreign patent document JP2000162521.
Regarding claims 4-6 Chong discloses the optical system of claim 1, as set forth above. Chong does not disclose wherein in the first state, the first switchable reflector is not positioned between the light source and the first fixed reflector and the second switchable reflector is not positioned between the first fixed reflector and the eye, as required by claim 4; or wherein in the second state, the first switchable reflector is positioned between the light source and the first fixed reflector and the second switchable reflector is positioned between the first fixed reflector and the eye as required by claim 5; or further comprising: a transmission mechanism, coupled to the first switchable reflector and the second switchable reflector and configured to control position switching of the first switchable reflector and the second switchable reflector, as required by claim 6.
Iketa teaches a similar optical system (e.g. abstract) for inspection using two different optical paths (e.g. figure 1 optical path switching device 1) including a light source (inter alia paragraph [0021] “a light source (not shown)”); a first switchable reflector (e.g. first movable mirror 5) ; a second switchable reflector (e.g. second movable mirror 6) ; a first fixed reflector (e.g. fixed mirror 3); and a second fixed reflector (e.g. mirror 4), where the switchable reflectors can be in two states (see figures 1a & 1b) resulting in two different optical paths (e.g. C1 reflected by 3 becoming C2 see figure 1a & C1 reflected by 5 becoming L1 reflected by 4 becoming L2 reflected by 6 becoming C2 see figure 1b) for operating in two different modes (inter alia paragraph [0024] defect inspection mode & image acquisition mode, respectively). Iketa further teaches in the first state (see figure 1a), the first switchable reflector (e.g. 5) is not positioned between the light source and the first fixed reflector and the second switchable reflector is not positioned between the first fixed reflector and the inspection subject (see figure 1a); and wherein in the second state (see figure 1b), the first switchable reflector (e.g. 5) is positioned between the light source and the first fixed reflector (e.g. 3) and the second switchable reflector (e.g. 6) is positioned between the first fixed reflector (e.g. 3) and the inspection subject for the purpose of reducing detection errors (inter alia paragraph [0010]); and further comprising: a transmission mechanism (e.g. linear guides 7 & cylinders 8), coupled to the first switchable reflector and the second switchable reflector (e.g. see figures 1a & 1b) and configured to control position switching of the first switchable reflector and the second switchable reflector (inter alia paragraph [0024] “the first and second movable mirrors 5 and 6 are advanced toward the galvanometer mirror 4 along the direction of movement F by the cylinder 8” e.g. see figures 1a & 1b) for the purpose of switching between modes (inter alia paragraphs [0023-24]), further, this would be simple substitution of one known element for another to obtain predictable results; KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007), see MPEP 2143. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the optical path changing means in the optical system as disclosed by Chong to be substituted for a similar system that has in the first state, the first switchable reflector is not positioned between the light source and the first fixed reflector and the second switchable reflector is not positioned between the first fixed reflector and the inspection subject; and in the second state, the first switchable reflector is positioned between the light source and the first fixed reflector and the second switchable reflector is positioned between the first fixed reflector and the inspection subject; and to have a transmission mechanism, coupled to the first switchable reflector and the second switchable reflector and configured to control position switching of the first switchable reflector and the second switchable reflector as taught by Iketa to reduce errors and since this would be simple substitution of one known element for another to obtain predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wu et al. foreign patent document CN111671389, of record; in regards to an optical system applied to an optical biometer (title e.g. figure 8, the optical system comprising: a light source (e.g. light source 1101), configured to emit an incident light (axiomatic) ; a first switchable reflector (e.g. rotatable third mirror 1601), disposed corresponding to the light source and selectively switched to a first state or a second state; a second switchable reflector (e.g. rotatable fifth reflecting mirror 1603), disposed corresponding to an eye and selectively switched to the first state or the second state; a first fixed reflector (e.g. second branch mirror 1403), disposed corresponding to the first switchable reflector and the second switchable reflector; and a second fixed reflector (e.g. third branch mirror 1801), disposed corresponding to the first switchable reflector, the second switchable reflector and the first fixed reflector; wherein in a first mode (e.g. see figure 3 & 8 optical path L14), the first switchable reflector and the second switchable reflector are switched to the first state, and the incident light is emitted to the first fixed reflector and reflected by the first fixed reflector along a first optical path and then emitted to a first position of the eye (e.g. see figures 3 & 8 eye E); in a second mode (e.g. see figures 4 & 8 optical path L18), the first switchable reflector and the second switchable reflector are switched to the second state, and the incident light is sequentially reflected by the first switchable reflector, the second fixed reflector and the second switchable reflector along a second optical path and then emitted to a second position of the eye (e.g. see figures 3 & 8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at (571) 272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/George G. King/Primary Examiner, Art Unit 2872 May 19, 2026
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