Prosecution Insights
Last updated: October 04, 2026
Application No. 19/009,801

Three-Dimensional Laser Scan for Fractional Injury

Non-Final OA §102§103§112§DP
Filed
Jan 03, 2025
Priority
Jan 28, 2022 — continuation of 12/186,016
Examiner
SISON, CHRISTINE ANDREA PAN
Art Unit
Tech Center
Assignee
Lutronic Corporation
OA Round
1 (Non-Final)
33%
Grant Probability
At Risk
1-2
OA Rounds
1y 11m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants only 33% of cases
33%
Career Allowance Rate
18 granted / 54 resolved
-26.7% vs TC avg
Strong +38% interview lift
Without
With
+37.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
40 currently pending
Career history
92
Total Applications
across all art units

Statute-Specific Performance

§101
8.7%
-31.3% vs TC avg
§103
43.1%
+3.1% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 54 resolved cases

Office Action

§102 §103 §112 §DP
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 15 is objected to because of the following informalities: Claim 15: “that” in line 2 should read “than” 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. Claims 4-5 and 16 are 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 4 recites the limitation "the area of tissue to be ablated" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 5 recites the limitation "the area of tissue to be non-ablatively fractionally injured" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 16 recites the limitation "each third pulse" in line 2. There is insufficient antecedent basis for this limitation in the claim. 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, 3-6, 8, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tankovich (US 20210052915 A1). Regarding claim 1, Tankovich discloses a laser system for fractional injury (Fig. 1, paragraph [0065], laser system 1), comprising: a laser energy controller (paragraph [0067], "The motors are adapted to receive instructions from a processor (not shown) within laser system 1 for executing a pattern of movement that moves scanners 7 and 8 in a manner that reflects and distributes beams 5.1 and 6.1 in a desired distribution pattern of laser light") configured to control a series of first laser pulses (Fig. 1, paragraph [0067], beam 6.1) and a series of second laser pulses (Fig. 1, paragraph [0067], beam 5.1), so that an energy delivered by each first laser pulse is greater than an energy delivered by each second laser pulse (paragraph [0070], "beam 5.1 can have a wavelength of about 1927 nm, ... while beam 6.1 can have a wavelength of about 1550 nm"; a beam of a lower wavelength has more energy than a beam of a higher wavelength; paragraph [0066] lists further examples); and a scanner (Fig. 1, paragraph [0067], fractional scanners 7 and 8) configured to: control a placement of the series of first laser pulses across an area of tissue to be fractionally injured so that adjacent ones of the first laser pulses are separated by at least a first pitch (Figs. 2A and 2D, paragraph [0070], "scanner 7 distributes beam 6.1 according to beam distribution pattern 6.2") and control a placement of the series of second laser pulses across the area of tissue to be fractionally injured so that adjacent ones of the second laser pulses are separated by at least a second pitch that is less than the first pitch (Figs. 2A and 2D, paragraph [0070], "scanner 8 distributes beam 5.1 according to beam distribution pattern 5.2"; Fig. 2A illustrates beam pattern 5.2 with spots closer together than spots of beam pattern 6.2), wherein the laser energy controller is further configured to control the energy of each first laser pulse so as to injure a column of skin tissue having a first depth and a first diameter (Figs. 1 and 2D, paragraph [0069], beam propagation profile 6.3) and control the energy of each second laser pulse so as to injure a column of skin tissue having a second depth and a second diameter (Fig. 1 and 2D, paragraph [0069], beam propagation profile 5.3), and wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter (paragraph [0069], "The side view of skin 20 shows beam propagation profile 5.3 indicating that beam 5.1 can propagate deeper within skin 20 than beam propagation profile 6.3 of beam 6.1"; paragraph [0070], "FIG. 2A depicting the propagation of beams 5.1 and 6.1 in the skin, wherein beam propagation profile 5.3 shows beam 5.1 does not propagate as deeply as the beam propagation profile of beam 6.1"; Fig. 2A illustrates spots of beam pattern 6.2 with larger diameters than spots of beam pattern 5.2). Regarding claim 3, Tankovich discloses the laser system of claim 1, as explained above. Tankovich further discloses that the scanner includes a plurality of mirrors (paragraph [0067], "fractional scanners 7 and 8 are optical laser mirrors"). Regarding claim 4, Tankovich discloses the laser system of claim 1, as explained above. Tankovich further discloses that the laser system is a laser system for fractional dermal ablation, and wherein the area of tissue to be ablated is an area of skin tissue (paragraph [0071], "contacting tissues, such as skin, with laser light can create zones of damage in the areas where the laser light propagates in the tissue"; paragraph [0093], "the application of the laser energy perforates the skin"). Regarding claim 5, Tankovich discloses the laser system of claim 1, as explained above. Tankovich further discloses that the laser system is a non-ablative laser system, and wherein the area of tissue to be non-ablatively fractionally injured is an area of skin tissue (paragraph [0071], "contacting tissues, such as skin, with laser light can create zones of damage in the areas where the laser light propagates in the tissue"). Regarding claim 6, Tankovich discloses the laser system of claim 1, as explained above. Tankovich further discloses that the laser energy controller is further configured to control a duration of each first pulse to be longer than a duration of each second pulse (paragraph [0065], "Laser 5 and laser 6 can generate lasers in pulse beam mode, continuous beam mode, or a combination thereof. For example, laser 5 can generate beam 5.1 in pulse mode, while laser 6 generates beam 6.1 in continuous mode. The pulse beam mode can produce a pulse having a duration from about a dozen femtoseconds to about one or more seconds"). Regarding claim 8, Tankovich discloses a method of laser fractional injury (paragraph [0086]), comprising: pulsing a laser to provide a series of first pulses (Figs. 2A and 2D, paragraph [0070], "scanner 7 distributes beam 6.1 according to beam distribution pattern 6.2") and a series of second pulses so that an energy delivered by each first pulse is greater than an energy delivered by an energy of each second pulse (Figs. 2A and 2D, paragraph [0070], "scanner 8 distributes beam 5.1 according to beam distribution pattern 5.2"; Fig. 2A illustrates beam pattern 5.2 with spots closer together than spots of beam pattern 6.2) and so that each first laser pulse injures a column of skin having a first depth and a first diameter (Figs. 1 and 2D, paragraph [0069], beam propagation profile 6.3) and so that each second laser pulse injures a column of skin having a second depth and a second diameter (Fig. 1 and 2D, paragraph [0069], beam propagation profile 5.3), and wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter (paragraph [0069], "The side view of skin 20 shows beam propagation profile 5.3 indicating that beam 5.1 can propagate deeper within skin 20 than beam propagation profile 6.3 of beam 6.1"; paragraph [0070], "FIG. 2A depicting the propagation of beams 5.1 and 6.1 in the skin, wherein beam propagation profile 5.3 shows beam 5.1 does not propagate as deeply as the beam propagation profile of beam 6.1"; Fig. 2A illustrates spots of beam pattern 6.2 with larger diameters than spots of beam pattern 5.2); and scanning the series of first pulses and the series of second pulses across an area of tissue to be fractionally injured so that a first pitch separates adjacent ones of the first pulses and so that a second pitch separates adjacent ones of the second pulses, wherein the second pitch is less than the first pitch (Figs. 2A and 2D, paragraph [0070], "scanner 8 distributes beam 5.1 according to beam distribution pattern 5.2"; Fig. 2A illustrates beam pattern 5.2 with spots closer together than spots of beam pattern 6.2). Regarding claim 15, Tankovich discloses the method of claim 8, as explained above. Tankovich further discloses controlling a power of the laser for each first pulse to be greater than a power of the laser for each second pulse (paragraph [0070], "beam 5.1 can have a wavelength of about 1927 nm, ... while beam 6.1 can have a wavelength of about 1550 nm"; a beam of a lower wavelength has more energy than a beam of a higher wavelength; paragraph [0066] lists further examples). Regarding claim 16, Tankovich discloses the method of claim 15, as explained above. Tankovich further discloses controlling a power of the laser for each third pulse to be less than the power of the laser for each second pulse (paragraph [0094], "a second laser beam having a wavelength of about 1440 nm, and a third laser beam having a wavelength of about 1930 nm"; a beam of a higher wavelength has less energy than a beam of a lower wavelength; paragraphs [0096]-[0097] list further examples). Regarding claim 17, Tankovich discloses the method of claim 8, as explained above. Tankovich further discloses that scanning the series of first pulses and the series of second pulses comprises controlling a plurality of mirrors (paragraph [0067], "fractional scanners 7 and 8 are optical laser mirrors in mechanical communication with scanner motors (not shown) that are adapted to move the mirrors in a manner that reflects the mirrors' respective beams to produce a desired distribution pattern of laser light. The motors are adapted to receive instructions from a processor (not shown) within laser system 1 for executing a pattern of movement that moves scanners 7 and 8 in a manner that reflects and distributes beams 5.1 and 6.1 in a desired distribution pattern of laser light"). 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. 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. Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tankovich (US 20210052915 A1). Regarding claim 2, Tankovich discloses the laser system of claim 1, as explained above. Tankovich further discloses that: the laser energy controller is further configured to control a series of third laser pulses so that an energy delivered by each third laser pulse is less than the energy delivered by each second laser pulse (paragraph [0094], "a second laser beam having a wavelength of about 1440 nm, and a third laser beam having a wavelength of about 1930 nm"; a beam of a higher wavelength has less energy than a beam of a lower wavelength; paragraphs [0096]-[0097] list further examples), and wherein the scanner is further configured to control a placement of the series of third laser pulses across the area of tissue to be fractionally injured so that adjacent ones of the third laser pulses are separated by at least a third pitch (paragraph [0094], "The beams can contact the skin in a pattern of...non-overlapping beams"). Although Tankovich does not explicitly disclose that the third pitch is less than the second pitch, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to do so, for the purpose of reducing damage to untargeted tissue, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 9, Tankovich discloses the method of claim 8, as explained above. Tankovich further discloses: pulsing the laser to provide a series of third pulses so that an energy delivered by each third pulse is greater than the energy delivered by each second pulse (paragraph [0094], " a second laser beam having a wavelength of about 1440 nm, and a third laser beam having a wavelength of about 1930 nm"; a beam of a higher wavelength has less energy than a beam of a lower wavelength; paragraphs [0096]-[0097] list further examples); and scanning the series of third pulses across the area of tissue to be fractionally injured so that a third pitch separates adjacent ones of the third pulses, wherein the third pitch is less than the second pitch (paragraph [0094], "The beams can contact the skin in a pattern of...non-overlapping beams"). Although Tankovich does not explicitly disclose that the third pitch is less than the second pitch, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to do so, for the purpose of reducing damage to untargeted tissue, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claims 7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Tankovich (US 20210052915 A1) in view of Hunziker (US 20230060133 A1). Regarding claim 7, the laser system of claim 2 is obvious over Tankovich, as explained above. Tankovich does not explicitly disclose that the laser energy controller is further configured to sequence the series of first pulses, the series of second pulses, and the series of third pulses so that each first pulse is followed by at least one second pulse and by at least one third pulse. However, Hunziker teaches systems, devices, and methods for treating a skin of a patient with therapeutic laser light (Abstract) wherein the laser energy controller is further configured to sequence the series of first pulses, the series of second pulses, and the series of third pulses so that each first pulse is followed by at least one second pulse and by at least one third pulse (Fig. 13, paragraph [0097], "vascular treatment pulses 1332, pigment treatment pulses 1334, and/or remodeling treatment pulses 1336 may occur in three separate, sequential treatment passes"). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tankovich with the teachings of Hunziker so that the laser energy controller is further configured to sequence the series of first pulses, the series of second pulses, and the series of third pulses so that each first pulse is followed by at least one second pulse and by at least one third pulse, because doing so has the benefit of leaving each treatment location partially or completely surrounded by healthy tissue, which accelerates the wound healing process, minimize overtreatment and associated damage and discomfort, and reduces patient downtime (Hunziker, paragraph [0077]). Regarding claim 10, Tankovich discloses the method of claim 8, as explained above. Tankovich does not explicitly disclose that pulsing the laser is sequenced so that each first pulse is followed by at least one second pulse. However, Hunziker teaches systems, devices, and methods for treating a skin of a patient with therapeutic laser light (Abstract) wherein pulsing the laser is sequenced so that each first pulse is followed by at least one second pulse (Fig. 13, paragraph [0097], "vascular treatment pulses 1332, pigment treatment pulses 1334, and/or remodeling treatment pulses 1336 may occur in three separate, sequential treatment passes"). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tankovich with the teachings of Hunziker so that pulsing the laser is sequenced so that each first pulse is followed by at least one second pulse, because doing so has the benefit of leaving each treatment location partially or completely surrounded by healthy tissue, which accelerates the wound healing process, minimize overtreatment and associated damage and discomfort, and reduces patient downtime (Hunziker, paragraph [0077]). Regarding claim 11, the method of claim 10 is obvious over Tankovich and Hunziker, as explained above. Hunziker further teaches that pulsing the laser is further sequenced so that each second pulse is followed by at least one third pulse (Fig. 13, paragraph [0097], "vascular treatment pulses 1332, pigment treatment pulses 1334, and/or remodeling treatment pulses 1336 may occur in three separate, sequential treatment passes"). Regarding claim 12, the method of claim 11 is obvious over Tankovich and Hunziker, as explained above. Hunziker further teaches that the scanning of the area of tissue to be fractionally injured comprises scanning an area of skin on a face of a patient (paragraph [0116], "the treatment area is imaged, treated and then the hand piece is moved to an adjacent area for treatment if the lesions in the adjacent area until the entire region of interest (for example the sides of a face) is treated"). Regarding claim 13, the method of claim 11 is obvious over Tankovich and Hunziker, as explained above. Hunziker further teaches controlling a duration of each first pulse to be longer than a duration of each second pulse (paragraph [0098], "a first vascular treatment pulse 1222 (FIG. 12) may have...a pulse duration of 15 ms; ... while a second vascular treatment pulse (e.g., to be applied to an area having a different vessel diameter) may have...a pulse duration of 0.5 ms"). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to control a duration of each first pulse to be longer than a duration of each second pulse, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 14, the method of claim 13 is obvious over Tankovich and Hunziker, as explained above. Hunziker further teaches controlling a duration of each third pulse to be shorter than the duration of each second pulse (paragraph [0098], "the second remodeling treatment pulse may have...a pulse duration of 45 ns; a spot diameter of 0.1 mm ... Further, a third remodeling treatment pulse may have...a pulse duration of 0.5 ns"). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to control a duration of each third pulse to be shorter than the duration of each second pulse, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12186016 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets are directed to pulsing a laser to provide a series of first pulses and a series of second pulses so that an energy delivered by each first pulse is greater than an energy delivered by an energy of each second pulse and so that each first laser pulse injures a column of skin having a first depth and a first diameter and so that each second laser pulse injures a column of skin having a second depth and a second diameter, and wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter; and scanning the series of first pulses and the series of second pulses across an area of tissue to be fractionally injured so that a first pitch separates adjacent ones of the first pulses and so that a second pitch separates adjacent ones of the second pulses, wherein the second pitch is less than the first pitch. A brief matching of the claims is provided below. 19/009,801 (Instant Application) US 12186016 B2 Claim Element Claim Element 1 A laser system for fractional injury, comprising: 1 A laser system for fractional injury, comprising: 1 a laser energy controller configured to control a series of first laser pulses and a series of second laser pulses so that an energy delivered by each first laser pulse is greater than an energy delivered by each second laser pulse; and 1 a laser energy controller configured to control a series of first laser pulses and a series of second laser pulses so that an energy delivered by each first laser pulse is greater than an energy delivered by each second laser pulse; and 1 a scanner configured to: 1 a scanner configured to 1 control a placement of the series of first laser pulses across an area of tissue to be fractionally injured so that adjacent ones of the first laser pulses are separated by at least a first pitch and 1 control a placement of the series of first laser pulses across an area of tissue to be fractionally injured so that adjacent ones of the first laser pulses are separated by at least a first pitch and 1 control a placement of the series of second laser pulses across the area of tissue to be fractionally injured so that adjacent ones of the second laser pulses are separated by at least a second itch that is less than the first pitch, 1 to control the control a placement of the series of second laser pulses across the area of tissue to be fractionally injured so that adjacent ones of the second laser pulses are separated by at least a second pitch that is less than the first pitch, 1 wherein the laser energy controller is further configured to control the energy of each first laser pulse so as to injure a column of skin tissue having a first depth and a first diameter and 1 wherein the laser energy controller is further configured to control the energy of each first laser pulse so as to ablate a column of skin tissue having a first depth and a first diameter and 1 control the energy of each second laser pulse so as to injure a column of skin tissue having a second depth and a second diameter, and 1 to control the energy of each second laser pulse so as to ablate a column of skin tissue having a second depth and a second diameter, and 1 wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter. 1 wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter. 2 The laser system of claim 1, wherein 2 The laser system of claim 1, wherein 2 the laser energy controller is further configured to control a series of third laser pulses so that an energy delivered by each third laser pulse is less than the energy delivered by each second laser pulse, and 2 the laser energy controller is further configured to control a series of third laser pulses so that an energy delivered by each third laser pulse is less than the energy delivered by each second laser pulse, and 2 wherein the scanner is further configured to control a placement of the series of third laser pulses across the area of tissue to be fractionally injured so that adjacent ones of the third laser pulses are separated by at least a third pitch that is less than the second pitch. 2 wherein the scanner is further configured to control a placement of the series of third laser pulses across the area of tissue to be fractionally injured so that adjacent ones of the third laser pulses are separated by at least a third pitch that is less than the second pitch. 3 The laser system of claim 1, wherein the scanner includes a plurality of mirrors. 3 The laser system of claim 2, wherein the scanner includes a plurality of mirrors 4 The laser system of claim 1, wherein the laser system is a laser system for fractional dermal ablation, and wherein the area of tissue to be ablated is an area of skin tissue. 4 The laser system of claim 2, wherein the laser system is a laser system for fractional dermal ablation, and wherein the area of tissue to be ablated is an area of skin tissue. 5 The laser system of claim 1, wherein the laser system is a non-ablative laser system, and wherein the area of tissue to be non-ablatively fractionally injured is an area of skin tissue. 7 The laser system of claim 2, wherein the laser system is a non-ablative laser system, and wherein the area of tissue to be non-ablatively fractionally injured is an area of skin tissue. 6 The laser system of claim 1, wherein the laser energy controller is further configured to control a duration of each first pulse to be longer than a duration of each second pulse. 5 The laser system of claim 4, wherein the laser energy controller is further configured to control a duration of each first pulse to be longer than a duration of each second pulse. 7 The laser system of claim 2, wherein the laser energy controller is further configured to sequence the series of first pulses, the series of second pulses, and the series of third pulses so that each first pulse is followed by at least one send pulse and by at least one third pulse. 6 The laser system of claim 4, wherein the laser energy controller is further configured to sequence the series of first pulses, the series of second pulses, and the series of third pulses so that each first pulse is followed by at least one second pulse and by at least one third pulse. 8 A method of laser fractional injury, comprising: 8 A method of laser fractional injury, comprising: 8 pulsing a laser to provide a series of first pulses and a series of second pulses so that an energy delivered by each first pulse is greater than an energy delivered by an energy of each second pulse and 8 pulsing a laser to provide a series of first pulses and a series of second pulses so that an energy delivered by each first pulse is greater than an energy delivered by an energy of each second pulse and 8 so that each first laser pulse injures a column of skin having a first depth and a first diameter and 8 so that each first laser pulse ablates a column of skin having a first depth and a first diameter and 8 so that each second laser pulse injures a column of skin having a second depth and a second diameter, and 8 so that each second laser pulse ablates a column of skin having a second depth and a second diameter, and 8 wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter; and 8 wherein the first depth is greater than the second depth and the first diameter is greater than the second diameter; and 8 scanning the series of first pulses and the series of second pulses across an area of tissue to be fractionally injured so that a first pitch separates adjacent ones of the first pulses and so that a second pitch separates adjacent ones of the second pulses, wherein the second pitch is less than the first pitch. 8 scanning the series of first pulses and the second series of pulses across an area of tissue to be fractionally injured so that a first pitch separates adjacent ones of the first pulses and so that a second pitch separate adjacent ones of the second pulses, wherein the second pitch is less than the first pitch. 9 The method of claim 8, further comprising: 9 The method of claim 8, further comprising: 9 pulsing the laser to provide a series of third pulses so that an energy delivered by each third pulse is greater than the energy delivered by each second pulse; and 9 pulsing the laser to provide a series of third pules so that an energy delivered by each third pulse is greater than the energy delivered by each second pulse; and 9 scanning the series of third pulses across the area of tissue to be fractionally injured so that a third pitch separates adjacent ones of the third pulses, wherein the third pitch is less than the second pitch. 9 scanning the series of third pulses across the area of tissue to be fractionally injured so that a third pitch separates adjacent ones of the third pulses, wherein the third pitch is less than the second pitch. 10 The method of claim 8, wherein pulsing the laser is sequenced so that each first pulse is followed by at least one second pulse. 10 The method of claim 9, wherein pulsing the laser is sequenced so that each first pulse is followed by at least one second pulse. 11 The method of claim 10, wherein pulsing the laser is further sequenced so that each second pulse is followed by at least one third pulse. 11 The method of claim 10, wherein pulsing the laser is further sequenced so that each second pulse is followed by at least one third pulse. 12 The method of claim 11, wherein the scanning of the area of tissue to be fractionally injured comprises scanning an area of skin on a face of a patient. 12 The method of claim 9, wherein the scanning of the area of tissue to be fractionally injured comprises scanning an area of skin on a face of a patient. 13 The method of claim 11, further comprising controlling a duration of each first pulse to be longer than a duration of each second pulse. 13 The method of claim 9, further comprising: controlling a duration of each first pulse to be longer than a duration of each second pulse. 14 The method of claim 13, further comprising: controlling a duration of each third pulse to be shorter than the duration of each second pulse. 14 The method of claim 13, further comprising: controlling a duration of each third pulse to be shorter than the duration of each second pulse. 15 The method of claim 8, further comprising: controlling a power of the laser for each first pulse to be greater than a power of the laser for each second pulse. 15 The method of claim 9, further comprising: controlling a power of the laser for each first pulse to be greater that a power of the laser beam for each second pulse. 16 The method of claim 15, further comprising: controlling a power of the laser for each third pulse to be less than the power of the laser for each second pulse. 16 The method of claim 15, further comprising: controlling a power of the laser for each third pulse to be less than the power of the laser for each second pulse. 17 The method of claim 8, wherein scanning the series of first pulses and the series of second pulses comprises controlling a plurality of mirrors. 17 The method of claim 8, wherein scanning the series of first pulses and the series of second pulses comprises controlling a plurality of mirrors. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE SISON whose telephone number is (703)756-4661. The examiner can normally be reached 8 am - 5 pm PT, Mon - Fri. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTINE SISON/Examiner, Art Unit 3796 /Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796
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Prosecution Timeline

Jan 03, 2025
Application Filed
Aug 07, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
33%
Grant Probability
71%
With Interview (+37.7%)
3y 8m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 54 resolved cases by this examiner. Grant probability derived from career allowance rate.

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