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 statement(s) (IDS) was/were filed on 18 November 2024 and 30 January 2025. The submissions are in compliance with the provisions of 37 CFR 1.97, and therefore are considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “LASER ALIGNMENT SYSTEM AND METHOD FOR ALIGNMENT OF OPTICAL ELEMENTS WITHIN A SURGIAL LASER SETTING”.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0031125 A1 by Lawrence Lee (herein after “Lee”) in view of CN 203773214 U by Mu-sheng Zhong et al. (herein after “Zhong”). Examiner notes the reference Lee was cited by applicant in the IDS filed 30 January 2025.
Regarding claim 1, Lee discloses a system for laser alignment (Lee [0006] discloses alignment of optical elements, and [0036] discloses aligning the optical element perfectly in a light beam [laser alignment]), the system comprising:
an optic mounting plate (Lee figs 4A-4C and [0042] discloses an optical element holder 420), comprising:
an optic mounting receptacle formed on a first side of the optic mounting plate, the optic mounting receptacle configured to accept an optical element (Lee [0043] and figs. 4A-4C discloses radial openings 436 [optical mounting receptacle] within the optical element holder 420 [optical mounting plate] which are configured to accept an optical element; a single optical mounting receptacle is considered as comprising the receptacle 456 and immediate structure on either side of 456 under the spring member 480; there are eight optical mounting receptacles in the holder 420, each having half the spring member on either side, split at the pusher component 474), the optical mounting receptacle comprising:
a registration surface formed on a periphery of the optic mounting receptacle, the registration surface facing inward on the optic mounting receptacle (Lee [0046] and figs. 4A-4C disclose surfaces of the optical element holder 420, including both a transverse surface 462 and a longitudinal surface 466; the longitudinal surface 466 faces inwardly toward the center of the receptacle 456 [facing inward on the optic mounting receptacle from its periphery]);
an optical aperture disposed within the optic mounting receptacle, the optical aperture extending through a thickness of the optic mounting plate from the first side of the optic mounting plate to a second side of the optic mounting plate (Lee fig. 1 shows the optical element holder of the claimed invention 120 [i.e. 420 of figs 4A-4C] where emission light passes through the holder 120 and into a detector through one of the radial openings; fig. 3 and [0037], [0040] discloses a cross-section of one of the radial openings of the optical element holder 320 [again, 120, 420, etc.], where a properly aligned components allows the beam 370 to pass through the entirety of the holder 320; [0037] discloses respective openings 358 [first side] and 360 [second side] aligned with each receptacle 356 to establish a light path through the optical element [openings 358 and 360 form the optical aperture which extends from one side of the optic mounting plate to the a second side of the optical mounting plate]); and
a biasing recess formed in the optic mounting plate to extend along two sides of the optic mounting receptacle (Lee fig. 4B and [0043]-[0044] discloses a second body portion 454 which sits above the respective radial openings 436; the biasing recess is considered the portion of the holder which contains the spring element 480 [see annotated fig. 4B below]; a biasing recess extends radially on either side of the optic mounting receptacle [extends along two sides of the optic mounting receptacle]);
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a biasing element disposed in the biasing recess and shaped to extend along the two sides of the optic mounting receptacle to apply a biasing force to the optical element to press the optical element against the registration surface to align the optical element relative to the optic mounting plate (Lee figs. 4A-4C and [0044] discloses spring member 480 [biasing element] that is disposed in the biasing recess, shown within the annotated figure below; each side of the optic mounting receptacle has half the entire spring member 480 which extends along the radial opening 436 on each side [shaped to extend along the two sides of the optic mounting receptacle; [0044] the spring member is deflectable and applies a biasing force into the optical element to make contact with at least one surface of the optical element holder [i.e. optical element is pressed into the transverse surface 466, where the transverse surface 466 is the registration surface by applied biasing force]; [0048] discloses aligning the optical element relative to the optic mounting plate via contact surface 478 and spring elements 480).
Lee is silent to a cover plate configured to couple to the first side of the optic mounting plate to cover the biasing recess, wherein the cover plate is configured to: engage the biasing element with a contact surface of the cover plate and load the biasing element to apply the biasing force to the optical element.
However, Zhong does address this limitation. Lee and Zhong are considered to be analogous to the present invention because they are optical element holding and switching devices.
Zhong discloses “a cover plate configured to couple to the first side of the optic mounting plate to cover the biasing recess” (Zhong fig. 2 and [0039]-[0044] discloses an optical filter switching device, comprising filters 40 and 41 [optical elements], a cover plate 2 which couples to a switching plate 3 [optic mounting plate] where [0049] the switching plate has a filter slot 34 [biasing recess]; spring 5 is seen within the switching plate [spring 5 is analogous to a biasing element]; fig. 2 is an exploded view of the switching device, but it is clear from fig. 1 that the cover plate couples to the switching device and covers the biasing recess), wherein the cover plate is configured to:
engage the biasing element with a contact surface of the cover plate (Zhong fig. 3 shows a cross section of the switching device, where spring 5 [biasing element] is in contact with the cover plate 2 [engage biasing element with contact surface of cover plate) and
load the biasing element to apply the biasing force to the optical element (Zhong [0044] discloses that an elastic force due to the spring 5 rotates the switching plate containing the filters 40 and 41 to a particular position [load the biasing element to apply biasing force to optical element]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to incorporate a cover plate configured to couple to the first side of the optic mounting plate to cover the biasing recess, wherein the cover plate is configured to: engage the biasing element with a contact surface of the cover plate and load the biasing element to apply the biasing force to the optical element as suggested by Zhong for the advantage of enabling novel structural design, high consistency with of placement during optical element switching, and reliable biasing forces within the device (Zhong [0045]).
Regarding claim 2, Lee when modified by Zhong discloses the system of claim 1 and Lee further teaches the system wherein the biasing element is a spring (Lee figs. 4A-4C and [0044] discloses that the spring member 480 [biasing element] is a spring – i.e. a structure capable of sorting potential energy and applying the biasing force).
Regarding claim 3, Lee when modified by Zhong discloses the system of claim 1 and Lee further teaches the system wherein the optical element is a diffractive optical element (Lee [0032] discloses the breadth of the term “optical element” within their disclosure, wherein the element may be any component or device configured for modifying light incident on that component or device and lists “filtering, blocking, collimating, focusing, inverting, beam steering, etc.”; while diffracting is not listed within Lee, the claim is still anticipated in light of MPEP §2131.02 III, which states that a genus group anticipates a species within the genus; in this case, the species “diffractive optical element” is anticipated by the genus group “optical element”, especially given the wide definition within Lee of what constitutes the “optical element”).
Regarding claim 4, Lee when modified by Zhong discloses the system of claim 1. Lee is silent to the system of claim 1, wherein the optic mounting plate comprises a guide surface to align the cover plate relative to the optic mounting plate.
However, Zhong does address this limitation.
Zhong discloses the system of claim 1, “wherein the optic mounting plate comprises a guide surface to align the cover plate relative to the optic mounting plate” (Zhong fig. 2 and [0040] discloses positioning hole 32 in the switching plate 3 [guide surface within optic mounting plate], where the positioning hole 32 enables the coupling of a fixing base 1 with the switching plate 3 and cover plate 2, where spring 5 coincides with the positioning hole 32 and a fixing post 13 of the fixing base 1 [guide surface serves to align the cover plate relative to the optic mounting plate]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to incorporate wherein the optic mounting plate comprises a guide surface to align the cover plate relative to the optic mounting plate as suggested by Zhong for the advantage of enabling novel structural design, high consistency with of placement during optical element switching, and reliable biasing forces within the device (Zhong [0045]).
Regarding claim 5, Lee when modified by Zhong discloses the system of claim 1, and Lee further teaches the system wherein:
the optic mounting receptacle comprises a first optic mounting receptacle and a second optic mounting receptacle (Lee fig. 4C shows a plurality of optical element receptacles as part of the optical element holder; the receptacle labeled 456 in the figure is considered as the “first optic mounting receptacle”; the second optic mounting receptacle is considered as any one of the remaining plurality of receptacles 456, except the adjacent receptacle to the first optic mounting receptacle); and
the optical aperture comprises a first optical aperture and a second optical aperture, the first optical aperture corresponding to the first optic mounting receptacle and the second optical aperture corresponding to the second optic mounting receptacle (Lee fig. 4C and claim 1 have disclosed an optical aperture which allows light to pass through from a first side of the mounting plate to the second side of the mounting plate; each optical element receptacle has this ability (see fig. 2 and [0034] – each radial opening and therefore receptacle has a respective openings to allow light to pass through), and therefore a first optical aperture and second optical aperture corresponding to the first optic mounting receptacle and the second optic mounting receptacle).
Regarding claim 6, Lee when modified by Zhong discloses the system of claim 5, and Lee further teaches the system wherein the optic mounting plate further comprises a pass-through disposed in the optic mounting plate between the first optic mounting receptacle and the second optic mounting receptacle (Lee fig. 4C has disclosed a first optic mounting receptacle and second optic mounting receptacle where those first and second mounting receptacles are not adjacent to one another; at least one receptacle between the first and second mounting receptacles possesses a corresponding aperture, and therefore comprises a “pass-through” in the optic mounting plate 420 between the receptacles).
Regarding claim 7, Lee discloses a method for laser alignment (Lee [0006] discloses alignment of optical elements, and [0036] discloses aligning the optical element perfectly in a light beam [laser alignment]), the method comprising:
receiving an optical element at an optic mounting receptacle of an optic mounting plate (Lee figs 4A-4C and [0042] discloses an optical element holder 420 [optic mounting plate]; [0043] and figs. 4A-4C discloses radial openings 436 [optical mounting receptacle] within the optical element holder 420 [optical mounting plate] which are configured to accept an optical element; a single optical mounting receptacle is considered as comprising the receptacle 456 and immediate structure on either side of 456 under the spring member 480; there are eight optical mounting receptacles in the holder 420, each having half the spring member on either side, split at the pusher component 474);
disposing a biasing element to be along two sides of the optical element (Lee figs. 4A-4C and [0044] discloses spring member 480 [biasing element] – the biasing elements are shown in the annotated figure above from initial discussion within claim 1; each side of the optic mounting receptacle has half the entire spring member 480 which extends along radial opening 436 on each side [biasing element along two sides of the optical element]); and
applying by the biasing element, a biasing force to press the optical element against a registration surface formed on a periphery of the optic mounting receptacle (Lee figs. 4A-4C and [0044] discloses spring member 480 [biasing element]; each side of the optic mounting receptacle has half the entire spring member 480 which extends along the radial opening 436 on each side; [0044] the spring member is deflectable and applies a biasing force into the optical element to make contact with at least one surface of the optical element holder [i.e. optical element is pressed into the transverse surface 466, where the transverse surface 466 is the registration surface by applied biasing force]; [0048] discloses aligning the optical element relative to the optic mounting plate via contact surface 478 and spring elements 480; [0044] the spring member is deflectable and applies a biasing force into the optical element to make contact with at least one surface of the optical element holder [i.e. optical element is pressed into the transverse surface 466, where the transverse surface 466 is the registration surface by applied biasing force]) wherein the applying of the biasing force aligns the optical element relative to an optical aperture within the optic mounting receptacle (Lee [0048] discloses aligning the optical element relative to the optic mounting plate via contact surface 478 and spring elements 480 [aligns the optical element]; Lee fig. 1 shows the optical element holder of the claimed invention 120 [i.e. 420 of figs 4A-4C] where emission light passes through the holder 120 and into a detector through one of the radial openings; fig. 3 and [0037], [0040] discloses a cross-section of one of the radial openings of the optical element holder 320 [again, 120, 420, etc.], where a properly aligned components allows the beam 370 to pass through the entirety of the holder 320; [0037] discloses respective openings 258 and 360 aligned with each receptacle 356 to establish a light path through the optical element [openings 358 and 360 form the optical aperture]; figs 2 and 3 show the difference between misaligned and aligned optical elements relative to the optical element).
Lee is silent to coupling a cover plate to the optic mounting plate, wherein coupling the cover plate to the optic mounting plate engages the biasing element with a contact surface of the cover plate, and in response to the contact surface of the cover plate engaging the biasing element, applying, by the biasing element, a biasing force to press the optical element.
However, Zhong does address this limitation. Lee and Zhong are considered to be analogous to the present invention because they are optical element holding and switching devices.
Zhong discloses “coupling a cover plate to the optic mounting plate” (Zhong fig. 2 and [0039]-[0044] discloses an optical filter switching device, comprising filters 40 and 41 [optical elements], a cover plate 2 which couples to a switching plate 3 [optic mounting plate]; spring 5 is seen within the switching plate [spring 5 is analogous to a biasing element]; fig. 2 is an exploded view of the switching device, but it is clear from fig. 1 that the cover plate is coupled to the switching device and covers the switching plate) “wherein coupling the cover plate to the optic mounting plate engages the biasing element with a contact surface of the cover plate” (Zhong fig. 3 shows a cross section of the switching device, where spring 5 [biasing element] is in contact with a surface of the cover plate 2 [engage biasing element with contact surface of cover plate]), and
“in response to the contact surface of the cover plate engaging the biasing element, applying, by the biasing element, a biasing force to press the optical element” (Zhong [0044] discloses that an elastic force due to the spring 5 rotates the switching plate containing the filters 40 and 41 to a particular position when the device is assembled and the spring 5 is in contact with the cover plate [load the biasing element to apply biasing force to optical element]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to incorporate coupling a cover plate to the optic mounting plate, wherein coupling the cover plate to the optic mounting plate engages the biasing element with a contact surface of the cover plate, and in response to the contact surface of the cover plate engaging the biasing element, applying, by the biasing element, a biasing force to press the optical element as suggested by Zhong for the advantage of enabling novel structural design, high consistency with of placement during optical element switching, and reliable biasing forces within the device (Zhong [0045]).
Regarding claim 8, Lee when modified by Zhong discloses the method of claim 7, wherein applying the biasing force by the biasing element comprises elastically deforming the biasing element (Lee figs. 4A-4C and [0044] discloses that the spring member 480 [biasing element] is a spring – i.e. a structure capable of sorting potential energy and applying the biasing force, deforming the element elastically).
Regarding claim 11, Lee when modified by Zhong discloses the method of claim 7. Lee is silent to the method of claim 7, wherein coupling the cover plate to the optic mounting plate comprises positioning a coupling element to extend through the cover plate and interface with the optic mounting plate.
However, Zhong does address this limitation.
Zhong discloses the method of claim 7, “wherein coupling the cover plate to the optic mounting plate comprises positioning a coupling element to extend through the cover plate and interface with the optic mounting plate” (Zhong figs. 2-3 and [0047] which discloses a fixing shaft 9 [coupling element] used to connect and fix the gears for moving the switching plate to the drive mechanism 7; fixing shaft 9 extends through the cover plate via the drive motor, and interfaces with the switching plate via the gear connection [extends through the cover plate and interface with the optic mounting plate]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to incorporate wherein coupling the cover plate to the optic mounting plate comprises positioning a coupling element to extend through the cover plate and interface with the optic mounting plate as suggested by Zhong for the advantage of enabling novel structural design, high consistency with of placement during optical element switching, and reliable biasing forces within the device (Zhong [0045]).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Zhong, and further in view of US 2022/0252821 A1 by Dirk Dobermann (herein after “Dobermann”).
Regarding claim 9, Lee when modified by Zhong discloses the method of claim 7. Lee when modified by Zhong is silent to the method of claim 7, wherein coupling the cover plate to the optic mounting plate comprises translating the cover plate along a guide surface of the optic mounting plate.
However, Dobermann does address this limitation. Lee, Zhong, and Dobermann are considered to be analogous to the present invention because they are used for the alignment or guiding of movable optical elements, including lenses, filters, etc.
Dobermann discloses the method of claim 7, “wherein coupling the cover plate to the optic mounting plate comprises translating the cover plate along a guide surface of the optic mounting plate” (Dobermann fig. 6 and [0078] discloses a variant of an optical element alignment guide device and method of use, first disclosed in fig. 4 (see [0072] and [0074]-[0076]) comprising free form elements 11 and 12 and a free form optical unit 13 in each element being aligned [either element 11 or 12 read as an optic mounting plate]; the elements are aligned via guide component 1 [cover plate]; fig. 6 and [0078] disclose pins 29 on the guide component 1 which fit into contact surfaces 19 [guide surface] on the free form elements [of the optic mounting plate]; fig. 6 is an exploded view of the element, and fig. 7 shows the collapsed functional device – a translation of the pin 29 occurs axially along the contact surface 19 when assembled [translating the cover plate along guide surface of the optic mounting plate]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee in view of Zhong to incorporate wherein coupling the cover plate to the optic mounting plate comprises translating the cover plate along a guide surface of the optic mounting plate as suggested by Dobermann for the advantage of minimizing the structural element requirement since guidance of the components for the alignment of the optical elements is implemented directly by the guide component and guide surfaces, eliminating the need for additional installation space and additional assembly (Dobermann [0017]).
Regarding claim 10, Lee when modified by Zhong and Dobermann discloses the method of claim 9. Lee when modified by Zhong is silent to the method of claim 9, wherein the translating of the cover plate is in a same direction as the applying of the biasing force by the biasing element to press the optical element against the registration surface.
However, Dobermann does address this limitation.
Dobermann discloses the method of claim 9, “wherein the translating of the cover plate is in a same direction as the applying of the biasing force by the biasing element to press the optical element against the registration surface” (Dobermann fig. 6 and [0078] discloses that spring plates [biasing element] are used to keep the mounted free-form optical units 13 axially in position [via a biasing force by a biasing element], i.e. a spring plate is used to press the optical units 13 axially [along central dotted line in fig. 6] into the surface bounding through opening 39, analogous to the registration surface disclosed in Lee; since the translation to couple the guide component 1 with the optical element 11 or 12 occurs axially and the spring plates press the units 13 axially, the translation of the cover plate is in a same direction as the applying of the cover force).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee in view of Zhong to incorporate wherein the translating of the cover plate is in a same direction as the applying of the biasing force by the biasing element to press the optical element against the registration surface as suggested by Dobermann for the advantage of minimizing the structural element requirement since guidance of the components for the alignment of the optical elements is implemented directly by the guide component and guide surfaces, eliminating the need for additional installation space and additional assembly (Dobermann [0017]).
Documents Considered but not Relied Upon
The following document(s) were considered but not relied up on for the rejection set forth in this action:
US 4,408,830 A by Hermann A Wutherich
US 6,266,196 B1 by Khiem Do et al.
US 2012/0133757 A1 by Christian Thomas et al.
US 2012/0147185 A1 by Benning Qian
CN 109239910 A by Li-zheng Duan et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA M CARLSON whose telephone number is (571)270-0065. The examiner can normally be reached Mon-Fri. 8:00AM - 5:00PM.
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/JOSHUA M CARLSON/Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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