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 § 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.
Claim(s) 1, 4-5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuma (US 20200214555 A1).
Re Claim 1, Fukuma discloses, on Fig. 1-2, a surgical microscope system, comprising a microscope imaging module (microscope body 6, and objective 2)[Par 111-115] and a lighting module (source 9 and OCT 10) [Par11-120]; the microscope imaging module ( microscope body 6, and objective 2)[Par 111-115] comprises an objective lens (objective lens 2) [Par 115], a beam lens (zoom lens 401a), a zoom unit (zoom lenses of 401) [Par 145], a beam splitter (splitter 402) [Par 118], a lens tube (lens 403 with prisms 405-405)[Par 118] and an eyepiece set (eyepiece 407) [Par 118] disposed along a main optical axis (optical axis of observation system 400)[Par 113]; beams from an observed object surface (subject’s eye 8)[Par 113] (see dotted lines of objective system 400 in Fig. 1) pass sequentially through the objective lens (objective lens 2) [Par 115], the beam lens (lens 401a) and the zoom unit (zoom lenses 401) [Par 145] (zoom lenses 401) [Par 145] and are then split by the beam splitter (splitter 402) [Par 118] into first beams (Fig. 2: beam that continues to eyepiece 407) [Par 144] and second beams (Fig. 2: beam that continues to imaging optical system and camera 1103) [Par 147], wherein the first beams (Fig. 2: beam that continues to eyepiece 407) [Par 144] pass sequentially through the lens tube (lens 403 with prisms 405-405)[Par 118] and the eyepiece set (eyepiece 407) [Par 118] along the main optical axis (optical axis of observation system 400)[Par 113], which is configured to be observed by an observer [Par 103]; the microscope imaging module (microscope body 6, and objective 2)[Par 111-115] further comprises an image acquisition unit (camera 1103)[Par 147] disposed on a traveling path of the second beams (Fig. 2: beam that continues to imaging optical system and camera 1103) [Par 147] and configured to acquire surgical images (images from camera are displayed for surgery)[Par 100]; wherein the first beams (Fig. 2: beam that continues to eyepiece 407) [Par 144] and the second beams (Fig. 2: beam that continues to imaging optical system and camera 1103) [Par 147] are different in traveling direction (Reflected by splitter 402); the lighting module (source 9 and OCT 10) [Par11-120] comprises a coaxial lighting unit (Fig. 1: OCT 10 contains a source and is coaxial) [Par 123] and angled lighting unit (source 9)[Par 114] which are located on a side of the beam lens (lens 401a)[Par 145] facing the objective lens (objective lens 2) [Par 115]; the coaxial lighting unit (Fig. 1: OCT 10 contains a source and is coaxial)[Par 123] comprises a first light source (unlabeled OCT light source)[Par 123] and a first field stop (diaphragm 509)[Par 120] disposed between the first light source (unlabeled OCT light source)[Par 123] and the beam lens (zoom lens 401a), and coaxial lighting beams (light from OCT 10) emitted from the first light source (unlabeled OCT light source)[Par 123] pass through the first field stop (diaphragm 509)[Par 120], and reach the observed object surface (subject’s eye 8)[Par 113] along a direction of the main optical axis (optical axis of observation system 400)[Par 113] and form a first optical spot (region of subject’s eye irradiated by OCT system)[Par 124]; angled lighting beams (beams from source 9) emitted from the angled lighting unit (source 9) pass through the objective lens (objective lens 2) [Par 115], and reach the observed object surface (subject’s eye 8)[Par 113] along a direction including a preset angle (irradiation angle)[Par 115] with respect to the main optical axis (optical axis of observation system 400)[Par 113] and form a second optical spot (region of subject’s eye 8 illuminated by source 9)[Par 115]; the first optical spot (region of subject’s eye irradiated by OCT system)[Par 124] is adjustable in size (stretchable in the y and z direction using the mirrors 503b and 503a, and the position of lens 507, “stretch in two direction of x-axis and y-axis”) [Par 130-136].
But Fukuma does not explicitly disclose on Fig. 1-2, a dichroic beam splitting lens, the lighting beams are reflected by the dichroic beam splitting lens, and coaxial lighting beams pass through the objective lens
However, Fukuma teaches, alternative embodiments on Fig. 15A-15B and 17, that it is known in the prior art, that it is desirable to include, a dichroic beam splitting lens (Fig. 17: beam splitter 120), wherein the lighting beams are reflected by the dichroic beam splitting lens (Fig. 17: lighting beams from OCT source 200 and source 310 are reflected by beam splitter 120) [Par 009], and coaxial lighting beams pass through the objective lens (Fig. 15A-15B: this embodiment shows OCT objective lens 507 and illumination objective lens 2 as two parts of a single integral objective lens)[Par 235-236].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma, in order to provide illumination reflection towards the subject’s eye as taught by Fukuma [Par 009].
Re Claim 4, Fukuma obviates, the surgical microscope system of claim 1, and Fukuma further teaches on Fig. 1-2, wherein the coaxial lighting unit (Fig. 1: OCT 10 contains a source and is coaxial )[Par 123] and the angled lighting unit (source 9)[Par 114] can be enabled separately, or can be enabled simultaneously (Fig. 1 shows light rays from both source 10 and source 9 thus they are enabled simultaneously).
The teaching of Fukuma would inherently comprise, the coaxial lighting unit and the angled lighting unit being enabled seperately, this being reasonably assumed from the disclosure of the coaxial lighting unit (OCT 10) being powered and controlled by a separate system (OCT system 500) [Par 113] than the angle lighting unit (Source 9) which is powered and controlled by a separate system (illumination system 300) [Par 113].
Re Claim 5, modified Fukuma obviates, the surgical microscope system of claim 1, and Fukum further teaches on Fig. 1, 7, and 16, comprising: an Optical Coherence Tomography (OCT) imaging module (Fig. 1: OCT illumination system 500) comprising a scanning unit (optical components 503a-508) [Par 120], between the zoom unit (Fig. 1: zoom lenses 401a-401b) [Par 145] (zoom lenses 401) [Par 145] and the dichroic beam splitting lens (see Fig. 16 wherein the alternative beam splitting lens or beam splitter 120, is in front of the incident pathway of the OCT beam) [Par 6], and an OCT image acquisition unit ( OCT unit 10 receives imaged light) [Par 123], between the dichroic beam splitting lens (see Fig. 16: beam splitting lens 120) [Par 6] and the objective lens (OCT 200 is incident on the optical axis between objective lens 110 and beam splitter 120) [Par 6].
But modified Fukuma does not explicitly disclose wherein, the OCT scanning unit is disposed on a main optical axis, and the OCT image acquisition unit disposed on a main optical axis.
However, Fukuma does teach, on Fig. 1, 5, and 16, OCT scanning unit (Fig. 16: OCT scanning mirrors 430 and 450) and imaging unit (OCT imaging unit 200)[Par 06], incident upon the main optical axis (axis of eye 1000 and observational system 500) [Par 09], and further teaches (See Fig. 1 and 5) different arrangements of the location and components of the OCT systems [Par 110-130 and 199-222]. Thus, Fukuma teaches that it was known in the art at the time of the invention to explicitly control, the arrangement of OCT scanning unit and imaging unit. One of ordinary skill in the art would have been capable of arranging the scanning unit (Fig. 1: mirrors 503a-503b) and imaging unit (OCT unit 10) such that, the OCT scanning unit is disposed on a main optical axis, and the OCT image acquisition unit disposed on a main optical axis. Further one of ordinary skill in the art would have been motivated to do so in order to provide, integral OCT function in the microscope (rather than the modular OCT function of the references OCT unit) [Par 248-249] for reduced size or manufacturing cost.
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma, such that the OCT scanning unit is disposed on a main optical axis, and the OCT image acquisition unit disposed on a main optical axis, in order to provide, integral OCT function in the microscope (rather than the modular OCT function of the references OCT unit) [Par 248-249] for reduced size or manufacturing cost.
Re Claim 10, modified Fukuma, teaches a surgical microscope (“Ophthalmologic microscope” includes, for example, but not limited to, a fundus camera, a slit lamp, a microscope for ophthalmic surgery, etc.”)[Par 100], comprising a surgical microscope system of claim 1.
Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Fukum as applied to claim 1 above, and further in view of Lin (CN 214311082 U, See Espacenet Machine Translation).
Re Claim 2, modified Fukuma discloses, the surgical microscope system of claim 1.
But Fukuma does not explicitly disclose, wherein the first field stop is provided thereon with a plurality of clear apertures differing in size, and different clear apertures on the first field stop are selected to form first optical spots differing in size.
However, within the same field of endeavor, Lin teaches, on Fig. 5, that it is desirable in light devices for microscopes to include, wherein the first field stop (adjustable diaphragm 13) is provided thereon with a plurality of clear apertures differing in size (Different size light through holes 31) [Par 32-34], and different clear apertures on the first field stop are selected to form first optical spots differing in size (motor drives the diaphragm 13 thus causing the change of the aperture and inherently a change in optical spot)[Par 32-34] .
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma with Lin in order to provide, adaptation to different scenarios, as taught by Lin [Par 06].
Re claim 3, Fukuma in view of Lin, obviates, the surgical microscope system of claim 2, and Lin further teaches on Fig. 5, wherein the first field stop (Adjustable diaphragm 13) comprises: a first disc-shaped stop (through hole 31), wherein the first disc-shaped stop is provided thereon with a plurality of clear apertures (different size through holes 31)[Par 32-34] differing in size and having centers located on a same circumference with a center of the first disc-shaped stop being the center (See Fig. 3 where it can be seen that each though hole 31 is the same distance from the center of adjustable diaphragm 13) [Par 32-34].
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuma as applied to claim 1 above, and further in view of Kawasaki (US 20120281082 A1).
Re Claim 6, modified Fukuma obviates the surgical microscope system of claim 1, and Fukuma further teaches on Fig. 1, wherein the lens tube (lens 403 with prisms 405-405) [Par 118] is provided therein, and a second lens set (lens 403) located on an end of the lens tube (lens 403 with prisms 405-405)[Par 118] close to the zoom unit (lens 403 is closest to zoom lenses 401) [Par 145].
But modified Fukuma does not explicitly disclose, a first lens set located on an end of the lens tube close to the eyepiece set and the first lens set comprises a meniscus lens, and the second lens set comprises a cemented lens.
However, within the same field of endeavor, Kawasaki teaches, on Fig. 2, that it is desirable in microscopes to include, a first lens set (lens group G3) located on an end of the lens tube close to the eyepiece set (in this case its digital microscope so its image plane S12, which would serve the same purpose as a surface on which the image can be observed by a sensor, where a eyepiece would be when the sensor is the human eye) [Par 99] and the first lens set comprises a meniscus lens (group G3 has meniscus lens L6)[Par 81], and the second lens set (lens group G1) comprises a cemented lens (cemented lens CL1)[Par 80-82] .
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma with Kawasaki in order to provide, improved resolution, as taught by Kawasaki [Par 09].
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuma as applied to claim 1 above, and further in view of Koetke (DE 102013206839 A1, see Espacenet Machine Translation).
Re Claim 8, Fukuma obviates, the surgical microscope system of claim 1.
But Fukuma does not explicitly disclose, wherein the lighting module further comprises a stray light absorption unit; the stray light absorption unit is disposed on a side of the dichroic beam splitting lens facing away from the coaxial lighting unit and on a traveling path of lighting beams passing through the dichroic beam splitting lens in the coaxial lighting beams.
However, within the same field of endeavor, Koetke teaches, on Fig. 1, that it is desirable in microscopes to include, wherein the coaxial lighting module (light source 24 and its corresponding components) further comprises a stray light absorption unit (light trap 29); the stray light absorption unit (light trap 29) [Par 46 is disposed on a side of the dichroic beam splitting lens (beam splitter 26) facing away from the coaxial lighting unit (light trap 29 is on the opposite side of splitter 26 from source 24)[Par 46] and on a traveling path of lighting beams passing through the dichroic beam splitting lens in the coaxial lighting beams (beam path 23 passes through splitter 26 to trap 29)[Par 46].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma with Koetke in order to reduce unwanted rerflecitons, as taught by Koetke [Par 46].
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fukuma as applied to claim 1 above, and further in view of Simoneau (US 20200261267 A1).
Re claim 9, modified Fukuma obviates, the surgical microscope system of claim 1.
But Fukuma does not explicitly wherein the objective lens comprises a first lens and a second lens cemented together; a surface of a lens close to an object surface is an object side surface, and a surface of the lens close to an image surface is an image side surface; an object side surface of the first lens is a flat surface, and an image side surface of the first lens is a concave surface; an object side surface of the second lens is a convex surface, and an image side surface of the second lens is a convex surface; the first lens has a refractive index of n1, and the second lens has a refractive index of n2; the first lens has an Abbe constant of v1, and the second lens has an Abbe constant of v2; wherein n1>n2, and v1<v2.
However, within the same field of endeavor, Simoneau teaches, on Fig. 1, that it is desirable in microscopes to include wherein, the objective lens (lens 64) comprises a first lens (bottommost lens of 64 from the view of Fig. 1, Examiner will reference this as 64a)[Par 29] and a second lens (topmost lens of 64, Examine will reference this as 64b) cemented together; a surface of a lens close to an object surface is an object side surface (object side surface of 64a ), and a surface of the lens close to an image surface is an image side surface (image side surface of 64b)[Par 29]; an object side surface of the first lens is a flat surface (Fig. 1 it can be seen that object side of 64a is flat), and an image side surface of the first lens is a concave surface (See Fig. 1 where image side of 64a is concave); an object side surface of the second lens is a convex surface (object side of 64b is convex), and an image side surface of the second lens is a convex surface (image side of 64b is convex); the first lens has a refractive index of n1, and the second lens has a refractive index of n2 wherein n1>n2 (see Fig. 1 where lens 64 of broader objective lens 58 is expected to direct light towards the eye 68, this inherently means that the index of refraction of the cemented lenses in lens 64 most have an index of refraction that is n1>n2 in order to condense light, otherwise the light incident on the image side of lens 64 would have a larger refraction angle than the incident angle as this is the definition of index of refraction) [Par 44].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma with Simoneau in order to aim and direct the light beam, as taught by Simoneau.
But Fukuma in view of Simoneau does not explicitly teach, wherein the first lens has an Abbe constant of v1, and the second lens has an Abbe constant of v2, wherein v1<v2.
However, Simoneau does teach, on Fig. 1, to control and adjust the complexity of the objective lens (lens 58 and included objective lens 64), based on the necessary scan size, focus spot size, object distance, focal distance, and aberration control [Par 29] (this would include the abbe number of each individual component because abbe number is a unitless measurement of the change in index of refraction of a material based on wavelength, which is directly related to the aberration and dispersion caused by the material).Thus Simoneau teaches that it was known in the art at the time of the invention to explicitly control the abbe number of the lens components of an objective lens. One of ordinary skill in the art would have been capable of simply controlling the abbe numbers of the lens components such that, v1<v2. Note that the Court has held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation; see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235. Further one of ordinary skill in the art would have been motivated to do so in order to provide aberration control on light directed towards the patient’s eye [Par 29].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to modify the system of Fukuma in view of Simoneau, such that v1<v2, in order to provide aberration control, as taught by Simoneau [Par 29].
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Re Claim 7, Fukuma teaches a lens (lens 502) between the first light source (OCT 10) and the first aperture (diaphragm 509).
But Fukum and the prior art as a whole does not explicitly teach, wherein he coaxial lighting unit further comprises a fundus functional lens; the fundus functional lens includes a light transmitting portion and a light shielding portion, the light transmitting portion is disposed around the light shielding portion, the fundus functional lens is located between the first light source and the first field stop, and the light shielding portion is located on an optical axis of the coaxial lighting beams emitted from the first light source; the light shielding portion has a light transmittance of T1<1%, and the light transmitting portion has a light transmittance of T2>99%.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu (US 20210267457 A1) teaches a similar OCT machine with beam splitters.
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/RAY ALEXANDER DEAN/Examiner, Art Unit 2872
/BUMSUK WON/Supervisory Patent Examiner, Art Unit 2872
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