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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/26 has been entered.
Response to Amendment
The Amendment filed 02/24/26 has been entered. Claims 1-2 and 6-7 have been amended, new claim 12 has been entered, and claims 9-10 remain withdrawn. Claims 1-8 and 11-12 are addressed in the following office action
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.
Claims 1-8 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Downey et al. (US 2017/0143369).
Regarding claim 1, an invention relating to an ultrasonic handpiece, Downey discloses (Figs. 2-3 & 7) (Fig. 25) a controller (240) for an electrical drive unit (32) which drives a treatment needle (142) of an ophthalmosurgical handpiece for processing an eye lens (Par. 0027) [Note, the ophthalmosurgical handpiece and associated structures are not interpreted as part of the claimed invention because the structures have not been positively recited], comprising: a generator unit (242 & 244; Par. 0049) for providing an electrical control variable [i.e. drive signal] for the electrical drive unit (Par. 0027), wherein the generator unit is configured to: provide the electrical control variable with a control oscillation [i.e. components] (Par. 0060-0061), wherein the control oscillation has a first oscillation component at a first control frequency (Par. 0060-0061, 0087, 0089), wherein a first electrical amplitude of the first oscillation component is adjusted based on a first ratio of a mechanical deflection amplitude of the treatment needle to the electrical control variable at the first control frequency [i.e. a ratio between current applied to the at least one driver and the equivalent of current applied to the mechanical components of the handpiece], wherein the mechanical deflection amplitude of the treatment needle is a mechanical movement of the treatment needle [i.e. vibration (the mechanical deflection amplitude) of the mechanical components represented as component (voltage, current, frequency, etc.)] (Abstract; Claim 1 from Downey & Par. 0055-0056, 0063-0064, 0069-0071, 0088-0092, 0095-0096); and provide the control oscillation of the electrical control variable with at least one further oscillation component [i.e. the second of the two AC signals] at a further control frequency, different than any other control frequency, wherein a further electrical amplitude of the further oscillation component is adjusted based on a further ratio of the mechanical deflection amplitude of the treatment needle to the electrical control variable at the respective further control frequency (Abstract; Claim 1 from Downey & Par. 0055-0056, 0061, 0063-0064, 0069-0071, 0088-0092, 0095-0096).
Regarding claim 2, Downey discloses the controller as claimed in claim 1. Downey discloses (Figs. 3-4) further configured to: access, from a storage unit (56 & 184), individual values for the respective ratios of the mechanical deflection amplitude of the treatment needle to the electrical control variable are based on the respective control frequency (Par. 0032-0035 & 0045-0047).
Regarding claim 3, Downey discloses the controller as claimed in claim 1. Downey further discloses wherein the generator unit is furthermore configured to superpose at least a plurality of oscillation components at mutually different control frequencies in order to provide a predefinable oscillation waveform of the electrical control variable (Par. 0061).
Regarding claim 4, Downey discloses the controller as claimed in claim 3. Downey further discloses wherein the generator unit is furthermore configured to carry out the superposing at least partly as modulation (Par. 0061).
Regarding claim 5, Downey discloses the controller as claimed in claim 1. Downey further discloses wherein the generator unit provides the electrical control variable in such a way that a first time period assignable to an outgoing movement of the treatment needle is shorter than a second time period assignable to a return movement of the treatment needle (Fig. 8; Par. 0061; 0085; 0113).
Regarding claim 6, Downey discloses the controller as claimed in claim 1. Downey further discloses (Fig. 7) configured to: receive, from a sensor unit (262 & 266) for detecting a movement of the treatment needle, a sensor signal indicating the detected movement of the treatment needle, determine, at the generator unit, the respective control frequencies of the sensor signal; determine the ratios of the mechanical deflection amplitude of the treatment needle to the electrical control variable at each of the respective control frequencies; and update the electrical control variable based on the ratios of the mechanical deflection amplitude to the electrical control variable (Claim 1 of Downey; Par. 0051 & 0086-0087).
Regarding claim 7, an invention relating to an ultrasonic handpiece, Downey discloses (Figs. 2-3 & 7) an ophthalmosurgical apparatus (30) comprising:- an ophthalmosurgical handpiece (32 & 142) for processing an eye lens (Par. 0027), said handpiece being drivable by means of a drive unit (Par. 0028) [Note, drive unit is not interpreted as part of the claimed invention because the structures have not been positively recited]; and - a controller (240) connectable to the ophthalmosurgical handpiece at least during operation as intended (Par. 0074), wherein the controller comprises: a generator unit (242 & 244; Par. 0049) for providing an electrical control variable [i.e. drive signal] for the electrical drive unit (Par. 0027), wherein the generator unit is configured to: provide the electrical control variable with a control oscillation [i.e. components] (Par. 0060-0061), wherein the control oscillation has a first oscillation component at a first control frequency (Par. 0060-0061, 0087, 0089), wherein a first electrical amplitude of the first oscillation component is adjusted based on a first ratio of a mechanical deflection amplitude of the treatment needle to the electrical control variable at the first control frequency [i.e. a ratio between current applied to the at least one driver and the equivalent of current applied to the mechanical components of the handpiece], wherein the mechanical deflection amplitude of the treatment needle is a mechanical movement of the treatment needle [i.e. vibration (the mechanical deflection amplitude) of the mechanical components represented as component (voltage, current, frequency, etc.)] (Abstract; Claim 1 from Downey & Par. 0055-0056, 0063-0064, 0069-0071, 0088-0092, 0095-0096); and provide the control oscillation of the electrical control variable with at least one further oscillation component [i.e. the second of the two AC signals] at a further control frequency, different than any other control frequency, wherein a further electrical amplitude of the further oscillation component is adjusted based on a further ratio of the mechanical deflection amplitude of the treatment needle to the electrical control variable at the respective further control frequency (Abstract; Claim 1 from Downey & Par. 0055-0056, 0061, 0063-0064, 0069-0071, 0088-0092, 0095-0096).
Regarding claim 8, Downey discloses an ophthalmosurgical system for processing an eye lens, at least comprising: - an irrigation apparatus, - an aspiration apparatus, and- an ophthalmosurgical apparatus, wherein the ophthalmosurgical apparatus is configured as claimed in claim 7 (Par. 0044).
Regarding claim 12, Downey discloses the controller as claimed in claim 1. Downey further discloses wherein the electrical control variable comprises at least one of an electric voltage or an electric current (Par. 0033).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Downey et al. (US 2017/0143369) as applied to claim 6 above, and further in view of Zacharias (US 2007/0129732).
Regarding claim 11, Downey discloses the controller as claimed in claim 6. However, Downey further discloses wherein the sensor unit utilizes a current measuring circuit to determine the detected movement of the treatment needle (Par. 0051-0053 & 0087). However, Zacharias fails to disclose wherein the sensor unit utilizes optical detection methods to determine the detected movement of the treatment needle.
In the analogous art of surgical tool that vibrates, Zacharias teaches the position sensor element 80 can be constituted by one or more strain gauges, Eddy current sensors, capacitive position sensors, optical position sensors, LVDTs or any other position sensor elements suitable to detect in real time the axial position and displacement information of the oscillating spring-mass mechanism and of the driving piezoelectric actuator (Par. 0050). Showing that current measuring circuits and optical position sensors are equivalent structures known in the art. Therefore, because these two means of sensing position were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art would have found it obvious to substitute the current measuring circuit for the optical detection method. Substitution of one known element for another element providing the same function to yield predictable results would have been obvious to one of ordinary skill in the art at the time of the invention.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed 02/24/26, with respect to the rejections of claims 1-8 under 35 USC § 112 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of newly cited prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Chima Igboko whose telephone number is (571)272-8422. The examiner can normally be reached on Monday-Friday 9:00am-6:00pm.
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/C.U.I/ Examiner, Art Unit 3771
/ASHLEY L FISHBACK/Primary Examiner, Art Unit 3771 March 24, 2026