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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/202/2025 and 6/24/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-6, 11, 12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waelti (EP1785690) hereafter Waelti.
Regarding claim 1, Waelti discloses a device for determining the length of an object when performing optical coherence tomography, comprising an interferometer having a light source, a sample arm and a reference arm, wherein the light transmitted by the light source is splitable by a beam splitter or circulator such that first light is guidable on the sample arm in outward and return directions and second light is guidable on the reference arm in outward and return directions, wherein the first and the second returning light can be made to interfere, wherein an evaluation unit is arranged for acquiring and processing signals of the interfering first and second lights and wherein a path length switching unit is arranged in the beam path of the sample arm and/or in the beam path of the reference arm and modifies the optical path length of the light passing through the path length switching unit (fig. 1, par. [0009]-[0014] and claims 5-14) in each case, characterized in that at least one path length switching unit (fig. 1, element 23 as the claimed “switching unit”) changes an optical path length from a first value to a second value alternately in time (fig. 4, par. [0065]-[0071]).
Regarding claim 2, Waelti discloses wherein the path length switching unit changes the first value to the second value after a defined time interval and subsequently, following the expiry of the time interval or a further time interval, changes the second value back to the first value (fig. 1-4, par. [0064]-[0069]).
Regarding claim 3, Waelti discloses the device as claimed in claim 1, wherein the path length switching unit repeats the alternating change of values over a predeterminable time period, preferably in periodic fashion at a defined frequency (fig. 1-4, par. [0064]-[0069]).
Regarding claim 4, Waelti discloses the device as claimed in claim 3, wherein the frequency is in the range of 1 to 1000 Hz (fig. 1-4, par. [0064]-[0069]).
Regarding claim 5, Waelti discloses the device as claimed in claim 1, wherein the difference between the optical path lengths at the first value and at the second value is variably adjustable on the basis of the length of the examined object to be measured, wherein the expected length can be input into the evaluation unit or into a control unit as an external parameter (fig. 1-4, par. [0064]-[0069]).
Regarding claim 6, Waelti discloses the device as claimed in claim 5, wherein structures of the object are ascertainable by the evaluation unit from the acquired and processed signals, the structures being in each case detectable while the first value and the second value are set, and wherein the spatial distance between these structures is ascertainable and able to be output by the evaluation unit as the length of the object (par. [0052]).
Regarding claim 11, Waelti discloses a method for determining the length of an eye, wherein use is made of a device as claimed in claim 1, with at least one path length switching unit (23) changing an optical path length from a first value to a second value alternately in time in order to bring or focus light into the region of the cornea at the first value and in order to bring or focus light into the region of the retina at the second value (par. [009]-[0014][0065]-[0075], claims 1-5).
Regarding claim 12, Waelti discloses the method as claimed in claim 11, wherein the local position of the cornea is detected at the first value and wherein the local position of the retina is detected at the second value, with the length of the eye being ascertained from the distance of the positions from one another (fig. 1-4, par. [0064]-[0069]).
Regarding claim 15, Waelti discloses the method as claimed in claim 11, wherein images of the cornea and the retina are displayed and/or displayed on a monitor in real time (figs 1-4, par. [0064]-[0069].
Allowable Subject Matter
Claims 7-10, 13, and 14 are 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose the claimed combination of limitation to warrant a rejection under 35 USC 102 or 103.
Conclusion
Bender (20180317764) is being cited herein to show a reference that discloses some similar features to that of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JONES whose telephone number is (571)270-1278. The examiner can normally be reached 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES C. JONES/Primary Examiner, Art Unit 2872
