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 .
Information Disclosure Statement
The information disclosure statement(s) filed 04/11/2025 has/have been considered by the Examiner.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0001] should include reference to the issued U.S. Patent No. 12,226,650 B2 for the U.S. Patent Application Serial No. 17/551,152. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites, “…a) providing a diode laser system comprising at least one semiconductor laser comprising…”, in which the “a)” should read “b)”, since an “a)” step is already recited in the claim. Appropriate correction is required.
Claim 1 further recites, “The method of claim 1, wherein outputting laser light from the output coupler comprises outputting laser light having the center frequency and a second frequency linewidth of no more than 300 GHz”. 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 1 recites the limitation "the light" in line 10, which should read, “the laser light”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the grating element" in line 11, which should read, “the grating filter element”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the laser gain medium" in lines 10-11, which should read, “the semiconductor laser gain medium”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitations "…a…” in lines 18-19, and “…a second frequency linewidth of no more than 300 GHz” in line 23. It is then unclear if these two “second frequency linewidths” are the same, or should be considered third and fourth frequency linewidths, respectively. Furthermore, claim 1 previously recites a second frequency linewidth in line 12, and therefore it is unclear if the “a second frequency linewidths” in lines 19 and 23 should be read as “the second frequency linewidths”. Appropriate action is required.
Claim 1 recites the limitation "...the output coupler..." in line 22, in which claim 1 only includes “an output coupling”, and is therefore unclear if the output coupler and output coupling are interchangeable. Therefore, there is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the grating element" in line 6, which should read, “the grating filter element”. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the laser gain medium" in lines 5-6, which should read, “the semiconductor laser gain medium”. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Specifically, claim 3 (output coupling) recites indistinct limitations from claim 2 (output coupler), and therefore claim 3 does not further limit the claimed invention of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 8-18 of U.S. Patent No. 12,226,650 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim 1 is broader than the corresponding claims in the reference patent U.S. 12,226,650 B2. It has been held that the generic invention is “anticipated” by the “species, therefore the corresponding claims in the reference patent is/are a species of the more generic instant claim(s), as further shown in the table below. See In re Goodman, 11 F.3d 1046, 1053, 29 USPQ2d 2010, 2016 (Fed. Cir. 1993).
U.S. Application 19/020,535
U.S. Patent 12,226,650 B2
A method of treating a target tissue having poor chromophore selectivity relative to a non-target tissue, the method comprising:
a) selecting for treatment a target tissue comprising a first tissue structure comprising a target chromophore and a second tissue structure comprising at least one non-target chromophore;
a) providing a diode laser system comprising at least one semiconductor laser comprising:
1) a semiconductor laser gain medium that, in the absence of a grating filter element, is adapted to produce laser light having a first frequency linewidth of at least 1000 GHz;
2) a grating filter element capable of providing feedback to the light in the laser gain medium, wherein the grating element is further capable of reducing the first frequency linewidth to a second frequency linewidth that is no more than one-half of the first frequency linewidth;
and 3) an output coupling adapted to output a predetermined fraction of light from the semiconductor laser gain medium;
b) generating laser light in a resonant cavity of the diode laser system;
c) filtering the generated laser light using the grating filter element;
d) outputting from the output coupling, a laser light having a second frequency linewidth of no more than 500 GHz; and
e) applying the laser light output from the output coupling to the target tissue for selectively heating the target chromophore relative to the non-target chromophore.
The method of claim 1, wherein outputting laser light from the output coupler comprises outputting laser light having the center frequency and a second frequency linewidth of no more than 300 GHz.
A method of treating a target tissue having poor chromophore selectivity relative to a non-target tissue, the method comprising:
a) selecting for treatment a target tissue comprising a first tissue structure comprising a target chromophore and a second tissue structure comprising at least one non-target chromophore,
wherein the absorption coefficient of the target chromophore continuously exceeds the absorption coefficient of the at least one non-target chromophore over a first frequency range of less than 6000 GHz, and the maximum value of the ratio of the absorption coefficient of the target chromophore to the absorption coefficient of the non-target chromophore over the first frequency range is less than 10;
b) providing a diode laser system comprising at least one semiconductor laser comprising:
1) a semiconductor laser gain medium that, in the absence of a grating filter element, is adapted to produce laser light having a center frequency within the first frequency range and a first frequency linewidth of at least 1000 GHz;
2) a grating filter element capable of providing feedback to the light in the laser gain medium, wherein the grating element is further capable of reducing the first frequency linewidth to a second frequency linewidth that is no more than one-half of the first frequency linewidth;
and 3) an output coupling adapted to output a predetermined fraction of light from the semiconductor laser gain medium;
c) generating laser light in a resonant cavity of the diode laser system;
d) filtering the generated laser light using the grating filter element;
e) outputting from the output coupling, a laser light having the center frequency and the second frequency linewidth of no more than 500 GHz; and
f) applying the laser light output from the output coupling to the target tissue for selectively heating the target chromophore relative to the non-target chromophore.
The method of claim 1, wherein outputting laser light from the output coupler comprises outputting laser light having the center frequency and the second frequency linewidth of no more than 300 GHz.
2. The method of claim 1, wherein outputting laser light from the output coupler comprises outputting pulsed laser light having a second frequency linewidth of no more than 200 GHz.
The method of claim 1, wherein outputting laser light from the output coupling comprises outputting pulsed laser light having a second frequency linewidth of no more than 200 GHz.
The method of claim 1, wherein outputting laser light from the output coupler comprises outputting pulsed laser light having the center frequency and the second frequency linewidth of no more than 200 GHz.
4 The method of claim 1, wherein the grating filter element is adapted to reduce the first frequency linewidth by at least 75%.
The method of claim 1, wherein the grating filter element is adapted to reduce the first frequency linewidth by at least 75%.
The method of claim 1, further comprising: g) providing a cooling system for the at least one semiconductor laser, the cooling system comprising a heat sink at a desired temperature to cool the at least one semiconductor laser; and h) operating the cooling system for the at least one semiconductor laser to maintain the at least one semiconductor laser at a temperature that varies by no more than 40° C. during steps of c) generating the laser light and f) applying the laser light to the target tissue.
The method of claim 1, further comprising: g) providing a cooling system for the at least one semiconductor laser, the cooling system comprising a heat sink at a desired temperature to cool the at least one semiconductor laser; and h) operating the cooling system for the at least one semiconductor laser to maintain the at least one semiconductor laser at a temperature that varies by no more than 40° C. during steps of c) generating the laser light and f) applying the laser light to the target tissue.
The method of claim 5, wherein providing a cooling system comprises
providing a heat sink and controlling the temperature of the heat sink to a desired temperature within a range of 10-40° C.
The method of claim 8, wherein providing the cooling system comprises
providing the heat sink and controlling the temperature of the heat sink to a desired temperature within the range of 10-40° C.
The method of claim 6, wherein providing a cooling system comprises providing a heat sink and controlling the temperature of the heat sink to a desired temperature within a range of 20-35° C.
The method of claim 9, wherein providing the cooling system comprises providing the heat sink and controlling the temperature of the heat sink to a desired temperature within the range of 20-35° C.
The method of claim 6, wherein providing a heat sink at a desired temperature comprises providing a heat sink and maintaining the heat sink at a temperature that varies by no more than 5° C. during steps of c) generating laser light and f) applying the laser light to the target tissue.
The method of claim 9, wherein providing the heat sink at a desired temperature comprises providing a heat sink and maintaining the heat sink at a temperature that varies by no more than 5° C. during the steps of c) generating laser light and D applying the laser light to the target tissue.
The method of claim 5, wherein operating the cooling system for the at least one semiconductor laser allows the grating filter element to reduce the first frequency linewidth during the step of outputting laser light to no more than 500 MHz.
The method of claim 8, wherein operating the cooling system for the at least one semiconductor laser allows the grating filter element to reduce the first frequency linewidth during the step of outputting laser light to no more than 500 MHz.
The method of claim 9, wherein operating the cooling system for the at least one semiconductor laser allows the grating filter element to reduce the first frequency linewidth during the step of outputting laser light to no more than 300 MHz.
The method of claim 12, wherein operating the cooling system for the at least one semiconductor laser allows the grating filter element to reduce the first frequency linewidth during the step of outputting laser light to no more than 300 MHz.
The method of claim 5, wherein providing a cooling system comprises: 1) providing a heat sink having a thermally conductive baseplate; and 2) maintaining the thermally conductive baseplate at a constant temperature within a range of 20-35° C.
The method of claim 8, wherein providing the cooling system comprises: 1) providing the heat sink having a thermally conductive baseplate; and 2) maintaining the thermally conductive baseplate at a constant temperature within the range of 20-35° C.
The method of claim 1, wherein providing a diode laser system comprises providing a plurality of semiconductor lasers, each laser of the plurality of semiconductor lasers comprising: 1) a semiconductor laser gain medium that, in the absence of a grating filter element, produces laser light having a first frequency linewidth of at least 1000 GHz; 2) a grating filter element capable of providing feedback to the light in the laser gain medium, wherein the grating element is further capable of reducing the first frequency linewidth by at least one-half; and 3) an output coupling adapted to output a desired fraction of light from the semiconductor laser gain medium; wherein providing a diode laser system further comprises: 4) providing at least one beam combining optical element, and; 5) providing at least one collimating optical element, wherein the at least one beam combining optical element and the at least one collimating optical element combine the output of the plurality of semiconductor lasers into a single laser light output having a common optical axis.
The method of claim 1, wherein providing a diode laser system comprises providing a plurality of semiconductor lasers, each laser of the plurality of semiconductor lasers comprising: 1) a semiconductor laser gain medium that, in the absence of a grating filter element, produces laser light having a center frequency within the first frequency range and a first frequency linewidth of at least 1000 GHz; 2) a grating filter element capable of providing feedback to the light in the laser gain medium, wherein the grating element is further capable of reducing the first frequency linewidth by at least one-half; and 3) an output coupling adapted to output a desired fraction of light from the semiconductor laser gain medium; wherein providing a diode laser system further comprises: 4) providing at least one beam combining optical element, and; 5) providing at least one collimating optical element, wherein the at least one beam combining optical element and the at least one collimating optical element combine the output of the plurality of semiconductor lasers into a single laser light output having a common optical axis.
The method of claim 1, further comprising: g) providing a handpiece comprising: 1) an optical connector to receive the laser light output from the output coupling of the diode laser system and to direct the laser light to the target tissue along a first optical path; 2) a first optical element comprising a reflective element and having a first open portion comprising one of an aperture and a slot; 3) at least a second optical element comprising at least one of a refractive element and a reflective element; 4) a contact cooling element comprising a cooling window adapted to contact and cool a first skin area comprising a target skin area comprising the target tissue, wherein the cooling window comprises a thermally conductive material that is transmissive to infrared energy and to the laser light; and 5) a temperature determination unit for determining a surface temperature of the target tissue based on infrared energy radiated from the target tissue through the cooling window along a second optical path; wherein applying the laser light to the target tissue comprises: 1) receiving the laser light from the diode laser system using the optical connector; and 2) directing the laser light along the first optical path by engaging the at least a second optical element and passing through the cooling window to the target tissue.
The method of claim 1, further comprising: g) providing a handpiece comprising: 1) an optical connector to receive the laser light output from the output coupling of the diode laser system and to direct the laser light to the target tissue along a first optical path; 2) a first optical element comprising a reflective element and having a first open portion comprising one of an aperture and a slot; 3) at least a second optical element comprising at least one of a refractive element and a second reflective element; 4) a contact cooling element comprising a cooling window adapted to contact and cool a first skin area comprising a target skin area comprising the target tissue, wherein the cooling window comprises a thermally conductive material that is transmissive to infrared energy and to the laser light; and 5) a temperature determination unit for determining a surface temperature of the target tissue based on infrared energy radiated from the target tissue through the cooling window along a second optical path; wherein applying the laser light to the target tissue comprises: 1) receiving the laser light from the diode laser system using the optical connector; and 2) directing the laser light along the first optical path by engaging the at least a second optical element and passing through the cooling window to the target tissue.
The method of claim 1, wherein the target chromophore is sebum or sebaceous gland tissue and the non-target chromophore is water.
The method of clam 1, wherein the target chromophore is sebum or sebaceous gland tissue and the non-target chromophore is water.
The method of claim 1, wherein providing a diode laser system comprises providing at least one of a distributed feedback (DFB) laser, a distributed Bragg reflector (DBR) laser, a volume holographic grating (VHG) stabilized laser, and an extended cavity diode laser (ECDL).
The method of claim 1, wherein providing a diode laser system comprises providing at least one of a distributed feedback (DFB) laser, a distributed Bragg reflector (DBR) laser, a volume holographic grating (VHG) stabilized laser, and an extended cavity diode laser (ECDL).
Allowable Subject Matter
Claims 1-15 are allowed over the prior art.
The following is a statement of reasons for the indication of allowable subject matter:
the prior art searched, alone or in combination, fails to anticipate and/or render obvious to the claimed invention of claim 1 in its entirety. Streeter (US 20110060266 A1) is considered to be the closes prior art, which discloses a laser light energy stimulation system comprising a heat sink 660 thermally coupled to the output optical element 650, but does not teach the method including at least to: 1) a semiconductor laser gain medium that, in the absence of a grating filter element, is adapted to produce laser light having a center frequency within the first frequency range and a first frequency linewidth of at least 1000 GHz; 2) a grating filter element capable of providing feedback to the light in the laser gain medium, wherein the grating element is further capable of reducing the first frequency linewidth to a second frequency linewidth that is no more than one-half of the first frequency linewidth; and 3) an output coupling adapted to output a predetermined fraction of light from the semiconductor laser gain medium, while generating laser light in a resonant cavity of the diode laser system, filtering the generated laser light using the grating filter element, outputting from the output coupling, a laser light having the center frequency and a second frequency linewidth of no more than 300/500 GHz, and applying the laser light output from the output coupling to the target tissue for selectively heating the target chromophore relative to the non-target chromophore, as claimed in claim 1. Dependent claims 2-15 are further allowed for their dependencies.
Claims 1-15 remain rejected under 35 USC 112 and/or Non-Statutory Double Patenting as stated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anh-Khoa N. Dinh whose telephone number is (571)272-7041. The examiner can normally be reached Mon-Fri 7:00am-4:00pm EST.
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/ANH-KHOA N DINH/Examiner, Art Unit 3796
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