Patent Application 18190061 - METHOD FOR LOCATING VISUAL AXIS FOR LASER - Rejection

Patent Application 18190061 - METHOD FOR LOCATING VISUAL AXIS FOR LASER

Title: METHOD FOR LOCATING VISUAL AXIS FOR LASER ASSISTED OPHTHALMIC PROCEDURE WITHOUT CORNEAL MARKING

Application Information

• Invention Title: METHOD FOR LOCATING VISUAL AXIS FOR LASER ASSISTED OPHTHALMIC PROCEDURE WITHOUT CORNEAL MARKING
• Application Number: 18190061
• Submission Date: 2025-05-14T00:00:00.000Z
• Effective Filing Date: 2023-03-24T00:00:00.000Z
• Filing Date: 2023-03-24T00:00:00.000Z
• National Class: 606
• National Sub-Class: 004000
• Examiner Employee Number: 81356
• Art Unit: 3792
• Tech Center: 3700

Rejection Summary

• 102 Rejections: 1
• 103 Rejections: 1

Cited Patents

The following patents were cited in the rejection:

• US 0062039🔗

Office Action Text

    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
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, 5-7, 11-14 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abraham et al (U.S. 2022/0062039). Abraham discloses (par. 0047-0061) (a) coupling a patient interface device to the ophthalmic laser system; (b) positioning the patient's eye and the patient interface device relative to each other such that the eye is below the patient interface device within a predefined distance range, without coupling the patient interface to the eye; (c) generating a fixation light which exits the ophthalmic laser system along an optical axis of the ophthalmic laser system; (d) generating one or more docking illumination beams, each of the one or more docking illumination beams exiting the ophthalmic laser system in a direction which has a predefined spatial relationship with the optical axis of the ophthalmic laser system; (e) while the eye is not coupled to the patient interface device, the eye is looking through the patient interface device at the fixation light, and the one or more docking illumination beams are incident on the eye, obtaining a first image of the eye; (f) coupling the patient interface device to the eye; (g) obtaining a second image of the eye while the patient interface device is coupled to the eye; (h) based on the first image, identifying positions of one or more light spots representing reflected light of the one or more docking illumination beams, and calculating a pre-docking cornea apex location based on the positions of the one or more light spots; (i) based on the first image, identifying a pupil of the eye and calculating a pre-docking pupil center location; () based on the second image, identifying a pupil of the eye and calculating a post- docking pupil center location; and (k) calculating a post-docking cornea apex location based on the pre-docking cornea apex location, the pre-docking pupil center location, and the post-docking pupil center location.
Regarding claim 5, Abraham discloses (par. 0047-0061) by a single illumination light source, generating a docking illumination beam which is coaxial with the optical axis; and wherein step (h) includes: identifying a position of a light spot representing reflected light of the docking illumination beam, and calculating the pre-docking cornea apex location as the position of the light spot.
Regarding claim 6, Abraham discloses (par. 0047-0061) step (i) includes fitting the pupil in the first image to a first circle and calculating a center of the first circle as the pre-docking pupil center, and step (j) includes fitting the pupil in the second image to a second circle and calculating a center of the second circle as the post-docking pupil center.
Regarding claim 7, Abraham discloses (par. 0047-0061) (a) by a fixation light source of the ophthalmic laser system, generating a fixation light which exits the ophthalmic laser system along an optical axis of the ophthalmic laser system; (b) by one or more docking illumination light sources of the ophthalmic laser system, generating one or more respective docking illumination beams, each of the one or more docking illumination beams exiting the ophthalmic laser system in a direction which has a predefined spatial relationship with the optical axis of the ophthalmic laser system; (c) while a patient interface device is coupled to the ophthalmic laser system, the eye is positioned below the patient interface within a predefined distance range, the eye is looking through the patient interface device at the fixation light, and the one or more docking illumination beams are incident on the eye, obtaining a first image of the eye by a camera of the ophthalmic laser system; (d) after the patient interface is coupled to the eye, obtaining a second image of the eye by the camera; and by a controller of the ophthalmic laser system:(e) based on the first image, identifying positions of one or more light spots representing reflected light of the one or more docking illumination beams, and calculating a pre- docking cornea apex location based on the positions of the one or more light spots; (f) based on the first image, identifying a pupil of the eye and calculating a pre- docking pupil center location; (g) based on the second image, identifying a pupil of the eye and calculating a post-docking pupil center location; and (h) calculating a post-docking cornea apex location based on the pre-docking cornea apex location, the pre-docking pupil center location, and the post-docking pupil center location.
Regarding claim 11, Abraham discloses (par. 0047-0061) by a single illumination light source, generating a docking illumination beam which is coaxial with the optical axis; and wherein step (e) includes: identifying a position of a light spot representing reflected light of the docking illumination beam, and calculating the pre-docking cornea apex location as the position of the light spot.
Regarding claim 12, Abraham discloses (par. 0047-0061) step (f) includes fitting the pupil in the first image to a first circle and calculating a center of the first circle as the pre-docking pupil center, and step (g) includes fitting the pupil in the second image to a second circle and calculating a center of the second circle as the post-docking pupil center.
Regarding claim 13, Abraham discloses (par. 0035) by the controller: defining a lenticule incision pattern centered at the post-docking apex location; and while the patient interface device is coupled to the eye, controlling a laser source and beam scanner assembly of the ophthalmic laser system to deliver a pulsed laser beam to the eye according to the lenticule incision pattern.
Regarding claim 14, Abraham discloses (par. 0047-0061) a fixation light source configured to generate a fixation light which exits the ophthalmic laser system along an optical axis at a beam exit of the ophthalmic laser system; one or more docking illumination light sources configured to generate one or more docking illumination beams, each of the one or more docking illumination beams exiting the ophthalmic laser system in a direction which has a predefined spatial relationship with the optical axis of the ophthalmic laser system; a patient interface device coupled to the beam exit, having an optical window through which the fixation light and the one or more docking illumination beams pass; a camera configured to capture reflected light from an eye disposed below the patient interface device; a controller coupled to the camera, programmed to perform the following steps:(a) while the eye is positioned below the patient interface within a predefined distance range, the eye is looking through the patient interface device at the fixation light, and the one or more docking illumination beams are incident on the eye, controlling the camera to obtain a first image of the eye; (b) after the patient interface is coupled to the eye, controlling the camera to obtain a second image of the eye by the camera; (c) based on the first image, identifying positions of one or more light spots representing reflected light of the one or more docking illumination beams, and calculating a pre- docking cornea apex location based on the positions of the one or more light spots; (d) based on the first image, identifying a pupil of the eye and calculate a pre- docking pupil center location; (e) based on the second image, identifying a pupil of the eye and calculate a post- docking pupil center location; and (f) calculating a post-docking cornea apex location based on the pre-docking cornea apex location, the pre-docking pupil center location, and the post-docking pupil center location.
Regarding claim 18, Abraham discloses (par. 0047-0061) the one or more docking illumination light sources include a single illumination light source, configured to generate a docking illumination beam which is coaxial with the optical axis; and wherein step (c) includes: identifying a position of a light spot representing reflected light of the docking illumination beam, and calculating the pre-docking cornea apex location as the position of the light spot.
Regarding claim 19, Abraham discloses (par. 0047-0061) step (d) includes fitting the pupil in the first image to a first circle and calculating a center of the first circle as the pre-docking pupil center, and step (e) includes fitting the pupil in the second image to a second circle and calculating a center of the second circle as the post-docking pupil center.
Regarding claim 20, Abraham discloses (par. 0035) the controller is further programmed to perform the following steps: defining a lenticule incision pattern centered at the post-docking apex location; and while the patient interface device is coupled to the eye, controlling a laser source and beam scanner assembly of the ophthalmic laser system to deliver a pulsed laser beam to the eye according to the lenticule incision pattern.

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.

Claims 4, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Abraham et al (U.S. 2022/0062039). Abraham discloses the claimed invention except for two docking illumination light sources. It would have been obvious to one of ordinary skill in the art at the time of the invention to provide more than one light source, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.  St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.  See MPEP § 2144.04.

Allowable Subject Matter
Claims 2-3, 8-9 and 15-16 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.

Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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, James Kish can be reached at (571) 272-5554. 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.



/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792