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
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 7, 9-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication to Easley 2023/0084104 which has a provisional date of 9/16/2021.
In terms of Claim 1, Easley teaches an assembly of an ophthalmic illuminator instrument (Figure 1: 10) and an illuminator end part (Figure 5: 100),the illuminator instrument (1) comprising an elongate light guiding end part (Figure 5: 160), extending in a first direction from an instrument side towards a light deflection part side (Figure 5: 160 extend from right to left), the illuminator end part (100) comprising: an elongated sleeve part (body of 106) having a bore (Figure 5: hollow area at 113 that houses 160) extending in a first direction with a diameter corresponding to an outside diameter of a light guiding end part (Figure 5: diameter of bore that houses 160) of the ophthalmic illuminator instrument (Figure 1: 10), and tapering from an instrument side towards a light deflection part side, a light deflection part (Figure 5: 101 and 400 within 101) arranged to guide light originating from the light guiding end part (160) in a direction away from the first direction (Figure 1: vertical per perpendicular to 160, see 180), and an instrument adapter part (110) that is releasably connected to the illuminator instrument (Figure 1: 110 is coupled to 100).
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As for Claim 2, Easley teaches the device of claim 1, wherein the light deflection part (400) comprises a deflection surface (Figure 6: surface of 101 contains surface 400).
As for Claim 3, Easley teaches the device of claim 2, wherein the deflection surface (400) is at an angle of about 45 degrees to the first direction ([0054]).
As for Claim 7, Easley teaches the device of claim 1, wherein the light deflection part (101/400) comprises an opaque or transparent material (Figure 5: 101 is transparent because it allows light through. Paragraph [0058] teaches reflector 400 can be made of several metal such as aluminum or silver which are opaque materials. Further since the claim recites “transparent or opaque”; this limitation essentially covers all materials since materials can either be optically transparent or opaque).
As for Claim 9, Easley teaches the device of claim 8, wherein the light deflection part (101/400) comprises an outer surface (outer surface of 101) for scleral depression (Figure 14: at 604), wherein the outer surface (outer surface of 101) has a maximum outer diameter larger than an outside diameter of the elongated sleeve part (Figure 14: outer diameter of 101 relative to 100)
As for Claim 10, Easley teaches the device of claim 9, wherein the outer surface (Figure 11: 501/502) has a continuously varying outer diameter (the diameter of 501 and 502 varies relative to each other).
As for Claim 11, Easley teaches the device of claim 9, wherein the outer surface (outer surface of Figure 5: 101) has a droplet shape (101).
As for Claim 12, Easley teaches the device of claim 1, wherein the instrument adapter part (Figure 4: 125) has a circumferential surface with a slit (Figure 3: 125a-b contains a slit) in the first direction (Figure 3: from right to left).
As for Claim 13, Easley teaches the device of claim 1, wherein the illuminator end part (100) is a single piece component (Figure 5: 100).
Claim Rejections - 35 USC § 103
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 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.
Claims 4-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Easley 2023/0084104 in view of the US Patent Application Publication to Altshuler 2020/0110256US.
In terms of Claim 4-6, and 8, Easley teaches the device of claims 2 and 7, Easley does not teach wherein further comprising a light conversion member (7) aligned in the bore (4), and the light conversion member (7) is arranged to focus light originating from the light guiding end part (11) onto the deflection surface (6) during operation; wherein the light conversion member (7) is a focusing surface provided as part of the light deflection part (5); and the light conversion member (7) is a lens element; wherein the opaque or transparent material of the conversion member is medical grade acrylonitrile butadiene styrene (ABS), poly methyl methacrylate (PMMA) or glass.
Altshuler does teach wherein further comprising a light conversion member (Figure 7: 712) aligned in the bore (Figure 7: bore that houses fiber 102), and the light conversion member (712) is arranged to focus light originating from the light guiding end part (Figure 7: end part 730, contains 706 spacer wherein light originate) onto the deflection surface (Light from 750 from 706 is directed onto deflection surface 708 ) during operation; wherein the light conversion member (712) is a focusing surface provided as part of the light deflection part (712 and 708 are part of the same structure of 710); and the light conversion member (712) is a lens element ([0047]); wherein the opaque or transparent material of the conversion member is medical grade acrylonitrile butadiene styrene (ABS), poly methyl methacrylate (PMMA) or glass ([0054]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Easley to include a conversion member that is a focusing lens in order to direction light to a desired location and present scattering events or dispersion. This ensures the light signal strength is maintained during operation. Further, the structure shown in Figure 7 is a molded structure that includes multiple elements (lens 712/reflector 708/ and cap end 710) form as one piece made of plastic PMMA or glass [0054] for the purpose of reducing manufacturing loss [0009].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Pinnow 2017/0128133US teaches optical fiber used as medical tool having a tubular portion, a bore, and a light deflector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG Q TRAN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
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