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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12 March 2026 has been entered.
Response to Amendment
This Office Action is in response to the Applicant’s amendment filed 12 March 2026 wherein Claims 1 and 12 are amended, Claims 3, 4, 7 – 11, 14, 15, and 18 – 22 are previously withdrawn, no new claims are cancelled or added. Therefore, Claims 1 – 5, 7 – 16, and 18 – 22 are currently pending wherein Claims 3, 4, 7 – 11, 14, 15, and 18 – 22 are withdrawn therefrom.
Response to Arguments
Applicant’s arguments, see pages 5 – 6, filed 12 March 2026, with respect to the rejection(s) of independent claim 1 and 12 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Urich (US 5,476,448 A), Curran et al. (US 2003/0010847 A1), and Zacharias (US 2010/0185150 A1).
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.
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.
Claim(s) 1, 2, 5, 12, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urich (US 5,476,448 A), Curran et al. (US 2003/0010847 A1) (hereinafter referred to as “Curran”) and Zacharias (US 2010/0185150 A1).
Urich is cited in the IDS dated 15 December 2021.
Curran is cited in the Notice of References Cited form dated 22 December 2025.
With regards to claim 1, Urich discloses (see Figs. 1 – 4) a system (10) (see Col. 2, lines 14 – 34 “an interocular surgical system 10” and see Fig. 1) for controlling aspiration of a phacoemulsification system (see title “Apparatus for suppressing a vacuum surge in eye surgery” and Col. 2, lines 14 – 34), the system comprising:
a pressure wave damper (24) (see Col. 2, lines 14 – 34), which is fluidly coupled with the aspiration line (see Fig. 1) so as to suppress an amplitude of a pressure wave created in the aspiration line by the pressure pulse before the pressure pulse reaches an eye of a patient (see Figs. 2 – 4 and Col. 2, line 34 – Col. 3, line 28).
However, Urich is silent with regards to the following:
a device comprising a valve that is coupled with an aspiration line of the phacoemulsification system to regulate flow in the aspiration line;
the pressure wave damper consists of a perforated rigid tube surrounded by an elastic sleeve configured to undergo a change in shape in response to a pressure pulse created by the device, and
wherein the pressure wave damper is located downstream of the valve.
Curran teaches a variety of pressure dampers (most pertinent examples are shown Figs. 10, 12 of Curran which are similar to the current applications dampers shown in Figures 2 and 5 of the current drawings) that operate by varying the internal volume of a passage in a manner to reduce the amplitude of pressure variations and pressure waves in the passage (see Abstract, [0035], and [0037] of Curran). Curran is reasonably pertinent to the problem faced by the inventors of the current application because Curran and the current application disclose the goal of reducing a flow surge or pressure pulse through a fluid passage using a damper/dampener (see page 12, lines 8 – 11 and page 14, lines 1 – 29 of the current Specification and see the Abstract, [0035], and [0037] of Curran). MPEP 2141.01(I).
Therefore Curran, which is reasonably pertinent to solving the same problem faced by the inventor (see abstract, title, and the Examiner’s explanation above), teaches (Fig. 10) the pressure wave damper (92, 94) consists of a perforated rigid tube (94) (see [0035] “a perforated fuel tube 94”) surrounded by an elastic sleeve (92) (see [0035] “bellows 92”) configured to undergo a change in shape in response to a pressure pulse created by the device (see [0035] “Operation of the bellows dampers again varies the fuel volume with pressure by drawing in or expanding of the bellows walls.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to simply substitute the pressure wave damper of the system for controlling aspiration of a phacoemulsification system of Urich for the pressure wave damper of Curran. One of ordinary skill in the art would have been motivated to make this modification because the substitution of one known element (the pressure wave damper disclosed by Urich) for another (the pressure wave damper taught by Curran) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution shown in Curran would have yielded predictable results, namely, the reduction in the amplitude of pressure variations and pressure waves in a fluid passage by varying the internal volume of the fluid passage (see Abstract of Curran). MPEP 2141(III).
The system for controlling aspiration of a phacoemulsification system of Urich with the substituted pressure wave damper of Curran will hereinafter be referred to as the system for controlling aspiration of a phacoemulsification system of Urich and Curran.
However, neither Urich and Curran teach the following:
a device comprising a valve that is coupled with an aspiration line of the phacoemulsification system to regulate flow in the aspiration line; and
wherein the pressure wave damper is located downstream of the valve.
Nonetheless Zacharias, which is within the analogous art of surgical apparatuses and methods of use that prevent vacuum surge (see abstract and title), teaches (see Figs. 6A – 6B) a device (270) (see [0197]) comprising a valve (see [0197] “a normally-open occlusion valve 270 that provides aspiration line occluding means”) that is coupled with an aspiration line (22) (see Fig. 12 and [0191]) of the phacoemulsification system (210) to regulate flow in the aspiration line (see Abstract “a normally-open occlusion valve, temporarily closing in response to the occlusion-break sensor sensing the clearing of the occlusion, thereby occluding fluid flow through the aspiration path and controllably stabilizing the occlusion break, thereby preventing the vacuum surge and consequent body chamber collapse”); and
locating the valve in close proximity to a hand piece (12) (see [0197] “For maximum efficiency, normally-open occlusion valve 270 should be located at the distal end of aspiration path 23, as near as possible to the eye, see FIGS. 2, 3, 4,5, 12,13, 18, 20A, which all illustrate the manner in which normally-open occlusion valve 270 is located proximate the distal end of the aspiration path. This distal proximity of normally-open occlusion valve 270, in practice, will motivate installation in close proximity to hand piece 12, or inside hand piece 12.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the system for controlling aspiration of a phacoemulsification system of Urich and Curran in view of a teaching of Zacharias such that a device comprising a valve that is coupled with an aspiration line of the phacoemulsification system to regulate flow in the aspiration line; and wherein the pressure wave damper is located downstream of the valve. One of ordinary skill in the art would have been motivated to make this modification because Zacharias teaches incorporating this valve prevents vacuum surge and damage to the body chamber being operated upon (see abstract of Zacharias). Zacharias also teaches that for maximum efficiency the valve should be located at the distal end of the aspiration path, as near as possible to the eye (see [0197] of Zacharias).
The system for controlling aspiration of a phacoemulsification system of Urich and Curran modified in view of a teaching of Zacharias will hereinafter be referred to as the system for controlling aspiration of a phacoemulsification system of Urich, Curran, and Zacharias.
Here the system for controlling aspiration of a phacoemulsification system of Urich, Curran, and Zacharias teaches wherein the pressure wave damper is located downstream of the valve based on [0197] of Zacharias and Figure 1 of Urich. The device comprising the valve of Zacharias would be located proximate to the surgical instrument 11 of Urich. Based on this placement the pressure wave damper 24 of Urich is located downstream of the valve 270 of Zacharias incorporated into the system.
With regards to claim 2, the system for controlling aspiration of a phacoemulsification system of Urich, Curran, and Zacharias teaches the invention of Claim 1, and the system for controlling aspiration of a phacoemulsification system of Urich, Curran, and Zacharias further teaches wherein the pressure wave damper (24) (see Col. 2, lines 14 – 34 of Urich) is physically connected with the aspiration line (20) (see Col. 2, lines 14 – 34 of Urich), separately from the device (270) (see the rejection of Claim 1 above and the location where the valve 270 of Zacharias is incorporated into the system).
With regards to claim 5, the system for controlling aspiration of a phacoemulsification system of Urich, Curran, and Zacharias teaches the invention of Claim 1, however, Urich is silent with regards to wherein the device is an anti-vacuum surge (AVS) module, which is coupled between a distal portion of the aspiration line and an aspiration channel of a handpiece and is configured to mitigate vacuum surges in the aspiration line or aspiration channel by regulating flow via the aspiration line or aspiration channel.
Nonetheless Zacharias, which is within the analogous art of surgical apparatuses and methods of use that prevent vacuum surge (see abstract and title), teaches (see Figs. 6A – 6B) the device is an anti-vacuum surge (AVS) module (270) (see Abstract, [0197], and Figs. 6A – 6B), which is coupled between a distal portion (520) of the aspiration line (22) (see [0197] and Fig. 12) and an aspiration channel (14) (see [0195]) of a handpiece (12) (see [0190]) and is configured to mitigate vacuum surges in the aspiration line or aspiration channel by regulating flow via the aspiration line or aspiration channel (see Abstract “a normally-open occlusion valve, temporarily closing in response to the occlusion-break sensor sensing the clearing of the occlusion, thereby occluding fluid flow through the aspiration path and controllably stabilizing the occlusion break, thereby preventing the vacuum surge and consequent body chamber collapse”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the device of the system for controlling aspiration of a phacoemulsification system of Urich, Curran, and Zacharias in view of a further teaching of Zacharias such that the device is an anti-vacuum surge (AVS) module, which is coupled between a distal portion of the aspiration line and an aspiration channel of a handpiece and is configured to mitigate vacuum surges in the aspiration line or aspiration channel by regulating flow via the aspiration line or aspiration channel. One of ordinary skill in the art would have been motivated to make this modification because Zacharias teaches incorporating this valve prevents vacuum surge and damage to the body chamber being operated upon (see abstract of Zacharias). Zacharias also teaches that for maximum efficiency the valve should be located at the distal end of the aspiration path, as near as possible to the eye (see [0197] of Zarcharias).
With regards to claim 12, Urich discloses (see Figs. 1 – 4) a method (see abstract), comprising:
fluidly coupling a pressure wave damper (24) (see Col. 2, lines 14 – 34 “a surge suppressor 24”) with the aspiration line (20) (see Col. 2, lines 14 – 34 “an aspiration line 20”) so as to suppress an amplitude of a pressure wave created in the aspiration line by the pressure pulse before the pressure pulse reaches an eye of a patient (see Figs. 2 – 4 and Col. 2, line 34 – Col. 3, line 28).
However Urich is silent with regards to the following:
coupling a device comprising a valve with an aspiration line of a phacoemulsification system to regulate flow in the aspiration line;
the damper consisting of a perforated rigid tube surrounded by an elastic sleeve configured to undergo a change in shape in response to a pressure pulse created by the device; and
locating the pressure wave damper downstream of the valve.
Nonetheless Curran, which is within the analogous art of pressure wave dampers (see abstract and title), teaches (Fig. 10) the damper (92, 94) consisting of a perforated rigid tube (94) (see [0035] “a perforated fuel tube 94”) surrounded by an elastic sleeve (92) (see [0035] “bellows 92”) configured to undergo a change in shape in response to a pressure pulse created by the device (see [0035] “Operation of the bellows dampers again varies the fuel volume with pressure by drawing in or expanding of the bellows walls.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify or substitute the pressure wave damper of the method of Urich in view of a teaching of Curran such that the damper consisting of a perforated rigid tube surrounded by an elastic sleeve configured to undergo a change in shape in response to a pressure pulse created by the device. One of ordinary skill in the art would have been motivated to make this modification because Curran teaches that this pressure damper operates to vary the internal volume of the liquid passage in a manner to reduce the amplitude of pressure variations and pressure waves in the liquid passage (see Abstract of Curran). Here, replacing the pressure wave damper of Urich in view of the pressure wave damper of Curran is beneficial because doing so will reduce the adverse effects of pressure changes on the phacoemulsification system of Urich.
The method of Urich modified in view of a teaching of Curran will hereinafter be referred to as the method of Urich and Curran.
However, neither Urich nor Curran teaches the following:
coupling a device comprising a valve with an aspiration line of a phacoemulsification system to regulate flow in the aspiration line; and
locating the pressure wave damper downstream of the valve.
Nonetheless Zacharias, which is within the analogous art of surgical apparatuses and methods of use that prevent vacuum surge (see abstract and title), teaches (see Figs. 6A – 6B) coupling a device (270) (see [0197]) comprising a valve (see [0197] “a normally-open occlusion valve 270 that provides aspiration line occluding means”) with an aspiration line (22) (see Fig. 12 and [0191]) of the phacoemulsification system (210) to regulate flow in the aspiration line (see Abstract “a normally-open occlusion valve, temporarily closing in response to the occlusion-break sensor sensing the clearing of the occlusion, thereby occluding fluid flow through the aspiration path and controllably stabilizing the occlusion break, thereby preventing the vacuum surge and consequent body chamber collapse”); and
locating the valve in close proximity to a hand piece (12) (see [0197] “For maximum efficiency, normally-open occlusion valve 270 should be located at the distal end of aspiration path 23, as near as possible to the eye, see FIGS. 2, 3, 4,5, 12,13, 18, 20A, which all illustrate the manner in which normally-open occlusion valve 270 is located proximate the distal end of the aspiration path. This distal proximity of normally-open occlusion valve 270, in practice, will motivate installation in close proximity to hand piece 12, or inside hand piece 12.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the method of Urich and Curran in view of a teaching of Zacharias such that the method comprises coupling a device comprising a valve with an aspiration line of a phacoemulsification system to regulate flow in the aspiration line; and locating the pressure wave damper downstream of the valve. One of ordinary skill in the art would have been motivated to make this modification because Zacharias teaches incorporating this valve prevents vacuum surge and damage to the body chamber being operated upon (see abstract of Zacharias). Zacharias also teaches that for maximum efficiency the valve should be located at the distal end of the aspiration path, as near as possible to the eye (see [0197] of Zacharias).
The method of Urich and Curran modified in view of a teaching of Zacharias will hereinafter be referred to as the method of Urich, Curran, and Zacharias.
Here the method of Urich, Curran, and Zacharias teaches wherein locating the pressure wave damper downstream of the valve based on [0197] of Zacharias and Figure 1 of Urich. The device comprising the valve of Zacharias would be located proximate to the surgical instrument 11 of Urich. Based on this placement the pressure wave damper 24 of Urich is located downstream of the valve 270 of Zacharias incorporated into the system of the method.
With regards to claim 13, the method of Urich, Curran, and Zacharias teaches the claimed invention of claim 12, and Urich further teaches wherein the pressure wave damper (24) (see Col. 2, lines 14 – 34 of Urich) is physically connected with the aspiration line (20) (see Col. 2, lines 14 – 34 of Urich), separately from the device (270) (see the rejection of Claim 1 above and the location where the valve 270 of Zacharias is incorporated into the system).
With regards to claim 16, the method of Urich, Curran, and Zacharias teaches the invention of Claim 12, however, Urich is silent with regards to wherein the device is an anti-vacuum surge (AVS) module, which is coupled between a distal portion of the aspiration line and an aspiration channel of a handpiece and is configured to mitigate vacuum surges in the aspiration line or aspiration channel by regulating flow via the aspiration line or aspiration channel.
Nonetheless Zacharias, which is within the analogous art of surgical apparatuses and methods of use that prevent vacuum surge (see abstract and title), teaches (see Figs. 6A – 6B) the device is an anti-vacuum surge (AVS) module (270) (see abstract, [0197], and Figs. 6A – 6B), which is coupled between a distal portion (520) of the aspiration line (22) (see [0197] and Fig. 12) and an aspiration channel (14) (see [0195]) of a handpiece (12) (see [0190]) and is configured to mitigate vacuum surges in the aspiration line or aspiration channel by regulating flow via the aspiration line or aspiration channel (see Abstract “a normally-open occlusion valve, temporarily closing in response to the occlusion-break sensor sensing the clearing of the occlusion, thereby occluding fluid flow through the aspiration path and controllably stabilizing the occlusion break, thereby preventing the vacuum surge and consequent body chamber collapse”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the method of Urich, Curran, and Zacharias in view of a further teaching of Zacharias such that the device is an anti-vacuum surge (AVS) module, which is coupled between a distal portion of the aspiration line and an aspiration channel of a handpiece and is configured to mitigate vacuum surges in the aspiration line or aspiration channel by regulating flow via the aspiration line or aspiration channel. One of ordinary skill in the art would have been motivated to make this modification because Zacharias teaches incorporating this valve prevents vacuum surge and damage to the body chamber being operated upon (see abstract of Zacharias). Zacharias also teaches that for maximum efficiency the valve should be located at the distal end of the aspiration path, as near as possible to the eye (see [0197] of Zacharias).
Conclusion
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/ROBERT F ALLEN/Examiner, Art Unit 3783
/WILLIAM R CARPENTER/Primary Examiner, Art Unit 3783
05/18/2026
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