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 .
Response to Arguments
Applicant’s arguments made in the Pre-Appeal Conference Request Brief have been considered and are persuasive. Therefore, prosecution has been reopened to reconsider the amendments filed on 2/19/2025.
Applicant’s arguments with respect to claim amendments filed on 2/19/2025 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-7 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Brady (WO 2017096087 A1) in view of Pallikaris (US 20020026240).
Regarding claim 1, Brady teaches an intraocular lens haptic (abstract) comprising a toroid portion (reservoir 130, fig 1B) having an outer circumference (element 150, Fig 1B), an inner circumference (element 180, Fig 1B), and an interior volume (130, Fig 1B), wherein the interior volume of the toroid portion is configured to be filled with a fluid (pg, 13, lines 29-31) and a receiving feature (160, 170, and 180, fig 1b) extending from an inner surface of the toroid portion (Fig 1b) for receiving an intraocular lens optic (see fig 1c), wherein the receiving feature extends the entire inner circumference of the toroid portion (see fig 1c), wherein the receiving feature is configured for penetration by a needle to enable the interior volume to be filled with the fluid using the needle (structure is capable of being penetrated and filled by a needle)
Brady fails to specifically teach wherein the receiving feature is configured for penetration by a needle to enable the interior volume to be filled with the fluid using the needle, however Pallikaris teaches an eye implant device for ocular degeneration (abstract) wherein an outward feature of an interior volume (valve 5 of Fig 3 is receiving intraocular lens 3) is configured for penetration by a needle ([0053]) to enable the interior volume to be filled with the fluid using the needle ([0053], note in the instant application gas (air) is considered fluid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the intraocular lens haptic taught by Brady by including the an outward facing needle penetration feature, as taught by Pallikaris, in order for the implant to be filled with the fluid using the needle ([0053], note in the instant application gas (air) is considered fluid). Additionally combining the prior art elements according to known methods would yield predictable results (MPEP 2143).
Regarding claim 2 and 11, Brady further teaches wherein the receiving feature comprises a first portion (flange 160, Fig 1b) and a second portion (flange 170, Fig 1b) extending from the inner surface of the toroid portion (Fig 1b) and forming a groove on at least a portion of the inner surface of the toroid portion (see Fig 1b), the groove corresponding in size to a circumferential diameter of the intraocular lens optic (fig 1c).
Regarding claim 3 and 12, Brady further teaches wherein the groove extends circumferentially around the inner diameter (Fig 1b).
Regarding claim 4 and 13, Brady teaches an intraocular lens device wherein the groove is discontinuous around the inner diameter (see fig 2a).
Regarding claim 5 and 14, Brady further teaches wherein the groove is a V-shaped groove or a C-shaped groove (fig 1b is c shaped).
Regarding claim 6 and 15, Brady fails to teach wherein the receiving feature is self-sealing to the fluid when the needle is removed. Pallikaris teaches a device wherein the receiving feature is self-sealing to the fluid when the needle is removed ([0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the intraocular lens haptic taught by Brady by including the self-sealing receiving feature, as taught by Pallikaris, in order to combine known parts from prior art to yield predictable results of preventing harmful leaks that could irritate the eye (MPEP 2143).
Regarding claim 7 and 16, Brady further teaches wherein the outer diameter of the toroid portion is configured to circumferentially fit an equator of a capsular bag when the interior volume is filled with the fluid (see field of invention).
Regarding claim 10, Brady teaches an intraocular lens haptic (abstract) comprising a toroid portion (reservoir 130, fig 1B) having an outer circumference (element 150, Fig 1B), an inner circumference (element 180, Fig 1B), and an interior volume (130, Fig 1B), wherein the interior volume of the toroid portion is configured to be filled with a fluid (pg, 13, lines 29-31) and a receiving feature (160, 170, and 180, fig 1b) extending from an inner surface of the toroid portion (Fig 1b) wherein the receiving feature is configured for penetration by a needle to enable the interior volume to be filled with the fluid using the needle (structure is capable of being penetrated and filled by a needle) and an intraocular lens optic configure to fit in the receiving feature when the intraocular lens is implanted into an eye of a patient (see fig 1c).
Brady fails to specifically teach wherein the receiving feature is configured for penetration by a needle to enable the interior volume to be filled with the fluid using the needle, however Pallikaris teaches an eye implant device for ocular degeneration (abstract) wherein an outward feature of an interior volume (valve 5 of Fig 3 is receiving intraocular lens 3) is configured for penetration by a needle ([0053]) to enable the interior volume to be filled with the fluid using the needle ([0053], note in the instant application gas (air) is considered fluid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the intraocular lens haptic taught by Brady by including the needle penetration characteristics, as taught by Pallikaris, in order for the implant to be filled with the fluid using the needle ([0053], note in the instant application gas (air) is considered fluid). Additionally combining the prior art elements according to known methods would yield predictable results (MPEP 2143).
Regarding claim 17, Brady further teaches wherein the intraocular lens optic is attached to the receiving feature (fig 1c).
Claims 4, 8-9, 13, and 18-19 are further rejected under 35 U.S.C. 103 as being unpatentable over Brady (WO 2017096087 A1) in view of Pallikaris (US 20020026240) and in further view of Whitesett (US 20100204790).
Regarding claim 4 and 13, Brady in view of Pallikaris fails to teach wherein inner diameter is continuous while the groove is discontinuous. Whitesett teaches an intraocular lens device wherein the groove (see groove 42 in Fig 1) is discontinuous around the inner diameter (see orientation of groove 42 in Fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify lens haptic taught by Brady in view of Pallikaris by including the discontinuous groove, as taught by Whitesett, in order to “refine and optimize sizing so as to facilitate seating of the platform” ([0035]).
Regarding claim 8 and 18, Brady is silent to the material of the chamber, However Whitsett; teaches a intraocular haptic (abstract) wherein the toroid portion is formed of a material comprising a gel, an amorphous solid, an epoxy, a thermoplastic material, or a composite material ([0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify lens haptic taught by Brady in view of Pallikaris by including the haptic material, as taught by Whitesett, in order to choose a material that is known in the art and biocompatible [00330.
Regarding claim 9 and 19, Brady is silent to the material of the haptic, Whitsett teaches a intraocular haptic (abstract) wherein the intraocular lens haptic is formed of a material comprising polypropylene, PMMA, hydrophobic acrylic, hydrophilic acrylic, or silicone ([0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify lens haptic taught by Brady in view of Pallikaris by including the haptic material, as taught by Whitesett, in order to choose a material that is known in the art and biocompatible [00330.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Brady (WO 2017096087 A1) in view of Pallikaris (US 20020026240), and in further view of Salahieh (US 20160008126).
Brady teaches an intraocular lens haptic (abstract) comprising a toroid portion (reservoir 130, fig 1B) having an outer diameter (element 150, Fig 1B), an inner diameter (element 180, Fig 1B), and an interior volume (130, Fig 1B), wherein the interior volume of the toroid portion is configured to be filled with a fluid (pg, 13, lines 29-31) and a receiving feature (160, 170, and 180, fig 1b) extending from an inner surface of the toroid portion (Fig 1b) the receiving feature formed as a a V-shaped or a C-shaped groove on at least a portion of the inner radius (fig 1b is c shaped),wherein the receiving feature is configured for penetration by a needle to enable the interior volume to be filled with the fluid using the needle (structure is capable of being penetrated and filled by a needle) and an intraocular lens optic configure to fit in the receiving feature when the intraocular lens is implanted into an eye of a patient (see fig 1c).
Brady fails to specifically teach wherein the receiving feature is configured for penetration by a needle to enable the interior volume to be filled with the fluid using the needle, however Pallikaris teaches an eye implant device for ocular degeneration (abstract) wherein an outward feature of an interior volume (valve 5 of Fig 3 is receiving intraocular lens 3) is configured for penetration by a needle ([0053]) to enable the interior volume to be filled with the fluid using the needle ([0053], note in the instant application gas (air) is considered fluid). Brady fails to teach wherein the receiving feature is self-sealing to the fluid when the needle is removed. Pallikaris teaches a device wherein the receiving feature is self-sealing to the fluid when the needle is removed ([0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the intraocular lens haptic taught by Brady by including the needle penetration characteristics, as taught by Pallikaris, in order for the implant to be filled with the fluid using the needle ([0053], note in the instant application gas (air) is considered fluid). Additionally combining the prior art elements according to known methods would yield predictable results (MPEP 2143).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the intraocular lens haptic taught by Brady by including the self-sealing receiving feature, as taught by Pallikaris, in order to combine known parts from prior art to yield predictable results of preventing harmful leaks that could irritate the eye (MPEP 2143).
Brady in view of Pallikaris fails to teach wherein the fluid is configured to be harden, however Salahieh teaches an accommodating intraocular lens wherein the fluid is configured to be hardened ([0157]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the intraocular lens taught by Brady in view of Pallikaris by including the hardenable fluid, as taught by Salahieh, in order to combine known parts from prior art to yield predictable results of stabilizing the implant within the eye (MPEP 2143).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/H.L.P./Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
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