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
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.
(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.
1. Claim(s) 1-3 and 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guerrero (US 20080027519 A1).
In regards to claims 1 and 6, Guerrero discloses a system/method, comprising:
a laser (Par. 0047 teaches a laser), configured to:
thin a target site in an iris of an eye by irradiating the target site with one or more first radiation-pulses (Par. 0057 teaches thinning the target tissue. Par. 0031 teaches this system is used to perform an iridotomy on the iris), and
subsequently to thinning the target site, form a hole through the target site by irradiating the target site with one or more second radiation-pulses (Par. 0031 teaches that after thinning the iris, the laser can be used to create a hole in the iris); and
a controller (Par. 0053 teaches a laser control system), configured to instruct the laser to increase a peak intensity of radiation beams emitted by the laser subsequently to the laser thinning the target site and prior to the laser forming the hole (Par. 0055 teaches the elements of the laser can be picked/controlled such as the laser power, i.e. intensity)
In regards to claims 2 and 7, Guerrero discloses the system/method according to claim 1/6, wherein the controller is configured to increase the peak intensity by reducing a spot size of the radiation beams on the iris (Par. 0055-0056 teaches that there is a laser control system that can control the range of the laser power, i.e. intensity, as well as the laser spot size)
In regards to claims 3 and 8, Guerrero discloses the system/method according to claim 1/6, wherein the controller is configured to increase the peak intensity by decreasing a pulse duration of the laser (Par. 0055 teaches that there is a laser control system that can control the range of the laser power, i.e. intensity, as well as the laser duration)
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.
2. Claim(s) 4-5 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guerrero in view of Ogilvy (US 20090304033 A1).
In regards to claims 4-5 and 9-10, Guerrero discloses the system/method according to claim 3/8, except for wherein the laser comprises an actively Q-switched laser comprising a Q-switch, and wherein the controller is configured to leave the Q-switch open for at least 100 ns for each of the first radiation-pulses, wherein the controller is further configured to pump the laser while the Q-switch is open for each of the first radiation-pulses..
However, in the same field of endeavor, Ogilvy discloses a laser system for treating the eyes (Abstract and Par. 0213) wherein a Q-switched laser is employed (Par. 0257) and wherein this Q-switch can be open for 1ns-150ns of the laser pulse (Par. 0257) in order to convert continuous laser light into a pulsed laser light (Par. 0204).
Therefore, it would be obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Guerrero and modified them by having the laser be a Q-switched laser, as taught and suggested by Ogilvy, in order to convert continuous laser light into a pulsed laser light (Par. 0204 of Ogilvy).
Conclusion
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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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