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 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.
Claim(s) 1-3 and 7-13 is/are rejected under 35 U.S.C. 102(a)(1)as being anticipated by Voorhees et al (US Publication 2022/0175581).
Referring to Claim 1, Voorhees et al teaches a method for providing control data for an ophthalmological laser of a treatment apparatus (e.g. Paragraphs [0002] and [0014) for avoiding an opaque bubble layer in a cornea (e.g. Paragraph [0041]), wherein the method comprises the following steps performed by a control device: determining a treatment area in the cornea by predetermined examination data, wherein first irradiation parameters for providing an optical breakdown are set for the treatment area (e.g. Paragraph [0040] discloses bed cut 104 is made by creating overlapping parallel raster scan passes of the laser scan line); determining an initial irradiation area in or adjoining to the treatment area, in which an irradiation of the cornea is started (e.g. Paragraph [0039] discloses low energy ring cut 103 is made at the bed level along the periphery of the bed circle except for the hinge portion, to create the peripheral edge of the flap bed, as shown in FIGS. 2A3 and 2B3), wherein second irradiation parameters for the optical breakdown are set for the initial irradiation area, wherein a power density reduced compared to the first irradiation parameters is generated by the second irradiation parameters (e.g. Paragraph [0039] discloses the order of the hinge cut 102 and ring cut 103 may be reversed. Both cuts are made at laser pulse energy levels that are lower than the other cutting steps, e.g., at 90% (or more generally, from 85% to 95%) of the pulse energy of the other cutting steps); wherein a positioning of at least a first laser pulse path adjoining to the initial irradiation area is set for an irradiation of the treatment area by the first irradiation parameters subsequent to the initial irradiation area (e.g. Figure 2A4 illustrates cut 104 made adjoining 102/103); providing the control data for the ophthalmological laser, which includes the treatment area and the initial irradiation area with the respective irradiation parameters (e.g. Figures 2A1-2B5).
Referring to Claim 2, Voorhees et al teaches the method according to claim 1, wherein a power density reduced by at least 20%, in particular a power density reduced by 50%, compared to the first irradiation parameters is generated by the second irradiation parameters (e.g. Paragraph [0039]).
Referring to Claim 3, Voorhees et al teaches the method according to claim 1, wherein a pulse energy is reduced for the second irradiation parameters (e.g. Paragraph [0039]).
Referring to Claim 7, Voorhees et al teaches the method according to claim 1, wherein the initial irradiation area is again irradiated by the first irradiation parameters after at least the first laser pulse path has been generated in the treatment area (e.g. Paragraph [0040] discloses the second ring cut 105 is then made in the same area of the first ring cut 103 to ensure tissue separation at the edges of the bed, as shown in FIGS. 2A5 and 2B5. The second ring cut 105 is made in the same way as the first ring cut 103 but at the normal pulse energy.).
Referring to Claim 8, Voorhees et al teaches the method according to claim 1, wherein a lenticule is defined in the cornea as the treatment area, wherein the initial irradiation area is planned adjoining to the lenticule viewed in radial direction (e.g. Figures 2A3-2B5 and Paragraph [0083]).
Referring to Claim 9, Voorhees et al teaches the method according to claim 1, wherein a lenticule with an anterior and posterior interface is defined as the irradiation area, wherein the initial irradiation area is planned as an annulus around a center of the respective interface (e.g. Figures 2A3-2B5 and Paragraph [0083]).
Referring to Claim 10, Voorhees et al teaches a method for controlling a treatment apparatus, wherein the method comprises the following steps: the method steps of the method according to claim 1, and transferring the provided control data to a respective ophthalmological laser of the treatment apparatus (e.g. Paragraphs [0008] and [0014]).
Referring to Claim 11, Voorhees et al teaches a control device, which is configured to perform a respective method according to claim 1 (e.g. Paragraphs [0008] and [0014]).
Referring to Claim 12, Voorhees et al teaches a treatment apparatus with at least one ophthalmological laser for the separation of a corneal volume with predefined interfaces of a human or animal eye by optical breakdown, in particular by photodisruption and/or photoablation, and at least one control device according to claim 11 (e.g. Paragraphs [0008] and [0014]).
Referring to Claim 13, Voorhees et al teaches a non-transitory computer-readable medium configured for storing a computer program, the computer program comprising commands which cause a treatment apparatus to execute the method according to claim 1 (e.g. Paragraphs [0008] and [0014]).
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.
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.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voorhees et al (US Publication 2022/0175581) in view of Bischoff et al (US Publication 2014/0288539).
Referring to Claims 4-5, Voorhees et al teaches the method according to claim 1, except wherein a laser pulse distance is increased for the second irradiation parameters; and wherein the laser pulse distance includes a distance of adjacent laser pulses on a laser pulse path and/or a distance of adjacent laser pulse paths.
Bischoff et al teaches that it is known to use spatial distance is used to adjust the power density of the irradiation as set forth in Paragraphs [0018]-0021] to provide for a photodisruption with predetermined probability. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Voorhees et al, with wherein a laser pulse distance is increased for the second irradiation parameters; and wherein the laser pulse distance includes a distance of adjacent laser pulses on a laser pulse path and/or a distance of adjacent laser pulse paths as taught by Bischoff et al, since such a modification would provide the predictable results of a photodisruption with predetermined probability.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Voorhees et al (US Publication 2022/0175581) in view of Sercel et al (US Publication 2009/0127240).
Referring to Claim 6, Voorhees et al teaches the method according to claim 1, except wherein a repetition rate of the laser is reduced for the second irradiation parameters. Sercel et al teaches that it is known to use reducing a repetition rate of the laser to reduce the power density is as set forth in Paragraph [0012] to provide control of the laser energy and thus the amount of material removed. It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Voorhees et al, with a repetition rate of the laser is reduced for the second irradiation parameters as taught by Sercel et al, since such a modification would provide the predictable results of to control the laser energy and thus the amount of material removed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Malek Tabrizi et al (US Publication 2022/0378615) discloses an ophthalmic surgical laser for preventing bubbles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William J Levicky whose telephone number is (571)270-3983. The examiner can normally be reached Monday-Thursday 8AM-5PM EST.
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/William J Levicky/Primary Examiner, Art Unit 3796