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 § 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 11 – 13 and 20 – 22 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 11 and 20 recites the broad recitation “at least 40 mJ”, and the claim also recites “at least 50 mJ” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Similarly, claims 12 and 21 recite “up to 220 mJ, up to 200 mJ, up to 180 mJ.” The limitation up to 180 mJ covers all the claimed ranges.
Similarly claims 13 and 22 recite “at least 20 Hz, at least 40 Hz” and at least 60 Hz” and “up to 6 kHz, up to 5.5 kHz, up to 5 kHz.”
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.
Claim(s) 10 – 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korea Atomic Energy Res (KR 2016 0008313 – in IDS, hereinafter “Korea”).
Regarding claims 10 and 11, Korea discloses an intermediate storage unit (e.g. 17) for an ophthalmological laser therapy system with a power consumption of up to 1600 W (e.g. the ophthalmological laser therapy system is not positively recited. The device of Korea would be capable of working with an ophthalmological laser therapy system), the system comprising an electrical load element (e.g. 13), the intermediate storage unit being configured to cyclically (e.g. ¶ 18) provide an energy of at least 30 mJ, at least 40 mJ, or at least 50 mJ, for the electrical load element (e.g. ¶ 21, 22, 26).
Regarding claim 12, Korea discloses the intermediate storage unit is configured to cyclically provide an energy selected from a group consisting of up to 220 mJ, up to 200 mJ, up to 180 mJ, for the electrical load element (e.g. ¶ 18).
Regarding claim 13, Korea discloses a cyclical provision is effected at a frequency selected from a group consisting of at least 20 Hz, at least 40 Hz, and at least 60 Hz, wherein the cyclical provision is effected at a frequency selected from a group consisting of up to 6 kHz, up to 5.5 kHz, up to 5 kHz or both of the foregoing (e.g. ¶ 18).
Regarding claim 14, Korea discloses a capacitor, a battery or both (e.g. ¶ 26).
Regarding claim 15¸Korea discloses a cyclical provision of energy is effected for a load element having a cyclical power demand (e.g. ¶ 18-26).
Regarding claim 16, Korea discloses the load element comprises a beam offset unit, including a scanner and a scanner controller (e.g. ¶ 17-18.
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) 17 - 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ledermann et al. (US PGPUB 2008/0269729) in view of Korea.
Regarding claims 17 – 25, Ledermann discloses an ophthalmological laser therapy system with a power consumption of up to 1600 W (e.g. ABSTRACT, ¶ 17), comprising an electrical load element (e.g. 1 in Fig. 1) and an intermediate storage unit (e.g. 4), but fails to teach that the intermediate storage unite is configured to cyclically provide an energy of at least 30 mJ, for the electrical load element.
Korea teaches it is known to use an intermediate storage unit as claimed and as discussed above. Furthermore, Korea teaches an energy supply unit configured as a wide-range power supply unit, and an interchangeable power supply system cable, via which the energy supply unit is electrically connectable to a local power supply system (e.g. ¶ 41).
It would have been obvious to one having ordinary skill in the art to modify the ophthalmological laser therapy system as taught by Ledermann with the intermediate storage unit as taught by Korea, since such a modification would provide the predictable results of using a suitable power buffer store in order to compensate for the power peaks that occur cyclically.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M DIETRICH whose telephone number is (571)270-1895. The examiner can normally be reached Mon - Fri 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M DIETRICH/Primary Examiner, Art Unit 3796
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