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 Objections
Claim 9 is objected to because of the following informalities:
Claim 9 – “wherein the beam of electromagnetic energy incident on the first base of the first prism” is presumed to be intended as “wherein the beam of electromagnetic energy is incident on the first base of the first prism.”
Appropriate correction is required.
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.
Claim 8 is 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.
Claim 8 recites the limitation “the second base of the second prism” in line 2. There is insufficient antecedent basis for this limitation in the claim as it currently depends on claim 3.
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.
Claims 1-4, 8, 9, 15-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeBenedictis et al. (US 2006/0217695).
Regarding claim 1, DeBenedictis discloses a device (Figs. 1-10) comprising:
a source (110) configured to provide a beam of electromagnetic energy (190);
a collimator (152) configured to receive the beam from the source (Fig. 1);
a first optical element (160); and
a second optical element (165) having an optical axis (Fig. 1; para. [0031]);
wherein the first optical element (160) is positioned between the collimator (152) and the second optical element (165) (Fig. 1), and the first optical element (160) is configured to correct for misalignment of the beam relative to the optical axis of the second optical element (165) (paras. [0031, 0043-0051, 0055]).
Regarding claim 2, DeBenedictis discloses wherein the first optical element (160) comprises a first prism (162A, Figs. 2-3) and a second prism (162B, Figs. 2-3) positioned adjacent to the first prism.
Regarding claim 3, DeBenedictis discloses wherein the first prism (162A) is a first cylinder having a first base, a second base opposite to the first base, and a cylindrical surface connecting the first base to the second base (Figs. 2-3), and the first base of the first prism has a first wedge angle relative to the second base of the first prism (Figs. 2-3).
Regarding claim 4, DeBenedictis discloses wherein the second prism (162B) is a second cylinder having a first base, a second base opposite to the first base, and a cylindrical surface connecting the first base to the second base (Figs. 2-3), and the first base of the second prism has a second wedge angle relative to the second base of the second prism (Figs. 2-3).
Regarding claim 8, DeBenedictis discloses wherein the second base of the first prism (162A) is arranged adjacent to the second base of the second prism (162B) (Figs. 2-3).
Regarding claim 9, DeBenedictis discloses wherein the beam of electromagnetic energy (190) incident on the first base of the first prism (162A) (Figs. 1-3).
Regarding claim 15, DeBenedictis discloses further comprising:
a handpiece (130, Fig. 1) configured and dimensioned to be manually grasped,
wherein the collimator (152), the first optical element (160), and the second optical element (165) are positioned inside the handpiece (Fig. 1).
Regarding claim 16, DeBenedictis discloses wherein the source (110) is a laser (para. [0031]), and further comprising:
an optical fiber (120) connecting the source (110) with the collimator (152) (Fig. 1).
Regarding claim 17, DeBenedictis discloses wherein the source (110) comprises laser diode (para. [0035]).
Regarding claim 18, DeBenedictis discloses wherein the source (110) is a fiber-coupled laser diode that is terminated by the collimator (152) (Fig. 1; paras. [0031, 0035]).
Regarding claim 20, DeBenedictis discloses a method (Figs. 1-10) comprising:
directing a beam of electromagnetic energy (190) though a collimator (152) to a first optical element (160); and
rotating a first prism (162A, Figs. 2-3) of the first optical element relative to a second prism (162B, Figs. 2-3) of the first optical element to correct for misalignment of the beam relative to an optical axis of a second optical element (165) downstream from the first optical element (Fig. 1; paras. [0031, 0043-0051, 0055]).
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over DeBenedictis et al. (US 2006/0217695).
Regarding claim 19, DeBenedictis fails to explicitly disclose in the first embodiment a scanner wheel configured to spin about an axis of rotation, the scanner wheel having a plurality of reflective elements arranged about a circumference that are configured to receive the beam from the second optical element and generates a plurality of beamlets from the beam that are output from the scanner wheel in a pattern.
However, in another embodiment (Figs. 7-9), DeBenedictis discloses a scanner wheel (760) configured to spin about an axis of rotation (704), the scanner wheel having a plurality of reflective elements (708) arranged about a circumference that are configured to receive the beam (790, 801) from the second optical element (762) and generates a plurality of beamlets (805) from the beam that are output from the scanner wheel in a pattern (Figs. 7-9; paras. [0064, 0067-0068]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a scanner wheel configured to spin about an axis of rotation, the scanner wheel having a plurality of reflective elements arranged about a circumference that are configured to receive the beam from the second optical element and generates a plurality of beamlets from the beam that are output from the scanner wheel in a pattern, to effectively treat small target zones (DeBenedictis, para. [0064]).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over DeBenedictis et al. (US 2006/0217695), as applied to claim 4 above, and further in view of Bhawalkar et al. (US 2021/0138261), of record in IDS.
Regarding claims 5-7, DeBenedictis fails to explicitly disclose wherein the first wedge angle is equal to the second wedge angle, wherein the first wedge angle and the second wedge angle are greater than 0 degrees and less than or equal to about 3 degrees, and wherein the first wedge angle and the second wedge angle are equal to about 0.5 degrees.
However, Bhawalkar discloses a device (Fig. 1), wherein the first wedge angle (of 116) is equal to the second wedge angle (of 122) (para. [0111]),
wherein the first wedge angle (of 116) and the second wedge angle (of 122) are greater than 0 degrees and less than or equal to about 3 degrees (Table 5), and
wherein the first wedge angle (of 116) and the second wedge angle (of 122) are equal to about 0.5 degrees (Table 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the first wedge angle is equal to the second wedge angle, wherein the first wedge angle and the second wedge angle are greater than 0 degrees and less than or equal to about 3 degrees, and wherein the first wedge angle and the second wedge angle are equal to about 0.5 degrees, as in Bhawalkar, into the device of DeBenedictis to precisely control the energy profile.
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over DeBenedictis et al. (US 2006/0217695), as applied to claim 2 above, and further in view of Yuan et al. (US 2022/0015830).
Regarding claim 10-12 and 14, DeBenedictis fails to explicitly discloses a plurality of clamps having a clamped state and an unclamped state; a first sleeve configured to support the first prism, the first sleeve positioned inside the clamps; and a second sleeve configured to support the second prism, the second sleeve placed inside the clamps, wherein the first sleeve and the second sleeve are rotatable when the clamps are in the unclamped state, and the first sleeve and the second sleeve are fixed when the clamps are in the clamped state, wherein the first sleeve includes a plurality of slots that are engageable by a tool for rotating the first sleeve and the first prism relative to the clamps when the clamps are in the unclamped state; and a plurality of fasteners connecting different portions of the clamps, the fasteners configured to be tightened to establish the clamped state and loosened to establish the unclamped state.
However, Yuan discloses a device (Figs. 1-6) comprising:
a plurality of clamps (6, 7, Fig. 2A) having a clamped state and an unclamped state (para. [0066]);
a first sleeve (3) configured to support the first prism (18+19), the first sleeve positioned inside the clamps (Figs. 2A, 5); and
a second sleeve (20+3) configured to support the second prism (17+16), the second sleeve placed inside the clamps (Figs. 2A, 5),
wherein the first sleeve and the second sleeve are rotatable when the clamps are in the unclamped state, and the first sleeve and the second sleeve are fixed when the clamps are in the clamped state (Figs. 1-5; paras. [0066, 0069, 0071]),
wherein the first sleeve includes a plurality of slots (3-A, Fig. 2A) that are engageable by a tool for rotating the first sleeve and the first prism relative to the clamps when the clamps are in the unclamped state (Figs. 2A, 5); and
a plurality of fasteners (19-1, 20-1) connecting different portions of the clamps, the fasteners configured to be tightened to establish the clamped state and loosened to establish the unclamped state (Figs. 1-5; para. [0071]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a plurality of clamps having a clamped state and an unclamped state; a first sleeve configured to support the first prism, the first sleeve positioned inside the clamps; and a second sleeve configured to support the second prism, the second sleeve placed inside the clamps, wherein the first sleeve and the second sleeve are rotatable when the clamps are in the unclamped state, and the first sleeve and the second sleeve are fixed when the clamps are in the clamped state, wherein the first sleeve includes a plurality of slots that are engageable by a tool for rotating the first sleeve and the first prism relative to the clamps when the clamps are in the unclamped state; and a plurality of fasteners connecting different portions of the clamps, the fasteners configured to be tightened to establish the clamped state and loosened to establish the unclamped state, as in Yuan, into the device of DeBenedictis to lock the components within the device and to provide access to them as desired.
Regarding claim 13, DeBenedictis discloses wherein the first prism (162A) has an optical axis, and the first prism has an axis of rotation that coincides with the optical axis (Figs. 1-3; para. [0031]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAISLEY L WILSON whose telephone number is (571)270-5023. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm ET.
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/PAISLEY L WILSON/Primary Examiner, Art Unit 2871
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