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 Status
Applicant’s Remarks and Amendments filed 6 October 2025 have been entered. Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments, see page 5 of remarks, filed 6 October 2025, with respect to the drawings have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Applicant’s arguments with respect to claims 1-20 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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 and 11 have been amended to recite “…wherein the virtual aperture comprises a plurality of non-electroactive, hexagonal micro-structures…” in lines 8-9, however no support is found in the specification for this amendment, and it is therefore considered new matter. Claims 2-10 and 12-20 are rejected by dependency.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Blum et al. (US 2014/0327875 A1), “Blum” in view of Miller et al. (US 2003/0142268 A1), “Miller”.
Regarding claim 1, Blum teaches an intraocular lens (Figs. 8 and 15, lens 1500 includes lens 800) configured to provide an extended depth-of-field (field depth of lens can be increased [0127]), said intraocular lens (Fig. 8, lens 800) comprising: an optical zone (Fig. 8, lens 860) comprising at least one anterior optical surface (Fig. 8, front of lens 860) and at least one posterior optical surface (Fig. 8, back of lens 860); a first periphery region (Fig. 8, region edge 862) peripherally positioned relative to the optical zone (Fig. 8, region edge 862 is near lens 860), the first periphery region (Fig. 8, region edge 862) comprising a virtual aperture (Fig. 8, opening 820), the virtual aperture (Fig. 8, opening 820) comprising an anterior virtual aperture surface (Fig. 8, front of opening 820) and a posterior virtual aperture surface (Fig. 8, back of opening 820), wherein the virtual aperture (Fig. 8, opening 820) comprises a plurality of hexagonal micro-structures (Fig. 8, electro-active elements 882 are hexagonal [0101]); and a second periphery region (Fig. 15, edge of lens body 1510) peripherally positioned relative to the first periphery region (Fig. 8, region edge 862), the second periphery region (Fig. 15, edge of lens body 1510) comprising a haptic (Fig. 15, haptic 1512) for positioning the intraocular lens within an eye, wherein the haptic (Fig. 15, haptic 1512) comprises an outermost region (Fig. 12, tip of haptic 1512) of the intraocular lens (Fig. 8, lens 800); wherein a first plurality of light rays incident on the anterior optical surface (Fig. 8, front of lens 860) pass through the optical zone (Fig. 8, lens 860) to form an image on a retina when the intraocular lens is implanted in an eye (focal power of the ophthalmic lens focuses one image at a time on the retina by reducing the light passing through a portion of the lens [0016]); and wherein a second plurality of light rays incident on the anterior virtual aperture surface (Fig. 8, front of opening 820) are dispersed widely downstream from the intraocular lens towards and across the retina (optical properties of the lens may be altered, including dispersion (i.e., light can be dispersed more widely in response to certain incident rays) [0052]), such that the image comprises the extended depth-of-field (depth of focus is increased as focal power increases [0061]) and further wherein said virtual aperture (Fig. 8, opening 820) reduces monochromatic and chromatic aberrations in the image (lens may be conventional or unconventional to correct for low and high order aberrations of the eye [0054]), but fails to teach the micro-structures are non-electroactive.
Miller teaches a lens body comprising non-electroactive micro-structures (Fig. 3a, optic 300 is composed of bio-compatible, non-dissolving material, e.g., medical polymers [0054]). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to combine the intraocular lens taught by Blum with the non-electroactive material of the microstructures taught by Miller in order to increase biocompatibility of the device.
Regarding claim 2, Blum teaches wherein each hexagonal micro-structure (Fig. 8, electro-active elements 882 are hexagonal [0101]) has an outer boundary defined by a hexagon (Fig. 8, individual hexagonal electro-active elements 882 form a larger hexagon).
Regarding claim 3, Blum teaches wherein each hexagonal micro-structure (Fig. 8, electro-active elements 882 are hexagonal [0101]) comprises a micro-lens (Fig. 8, lens 860 comprises dynamic micro-lenses [0060]).
Regarding claim 4, Blum teaches wherein at least one micro-lens (Fig. 8, lens 860 comprises dynamic micro-lenses [0060]) comprises a sphere (lenses may be spherical [0054]).
Regarding claim 5, Blum teaches wherein at least one micro-lens (Fig. 8, lens 860 comprises dynamic micro-lenses [0060]) comprises a conicoid (Fig. 15, lens module 1520 includes a curved contour shape [0116]).
Regarding claim 6, Blum teaches wherein the first periphery region (Fig. 8, region edge 862) is connected to the optical zone (Fig. 8, center of lens 860) by a first transition region (Fig. 8, middle ring of lens 860).
Regarding claim 7, Blum teaches wherein the second periphery region (Fig. 15, edge of lens body 1510) is connected to the first periphery region (Fig. 8, region edge 862) by a second transition region (Fig. 15, end of haptic 1512 connected to lens body 1510).
Regarding claim 8, Blum teaches wherein the optical zone (Fig. 8, lens 860) includes at least two discrete regions including a first discrete region (Fig. 8, region comprising opening 820 and battery 850) and a second discrete region (Fig. 8, region comprising lens 860).
Regarding claim 9, Blum teaches wherein the first discrete region (Fig. 8, region comprising opening 820 and battery 850) is a central region (Fig. 8, region comprising opening 820 and battery 850 is centrally located) and the second discrete region (Fig. 8, region comprising lens 860) is a peripheral region positioned peripherally around the central region (Fig. 8, region comprising lens 860 surrounds opening 820 and battery 850).
Regarding claim 10, Blum teaches wherein the first discrete region (Fig. 8, region comprising opening 820 and battery 850) comprises a first distance power (Fig. 8, sensors 870 may detect a person’s focus distance and each lens may a suitable focal length for the specific distance needed [0126-127]) and the second discrete region (Fig. 8, region comprising lens 860) comprises a second distance power (Fig. 8, sensors 870 may detect a person’s focus distance and each lens may a suitable focal length for the specific distance needed [0126-127]).
Regarding claim 11, Blum teaches a method of treating an eye, comprising: implanting an ocular implant (Figs. 8 and 15, lens 1500 includes lens 800) into the eye (IOL is inserted or implanted into the eye [0057]), the ocular implant (Fig. 8, lens 800) comprising: an optical zone (Fig. 8, lens 860) comprising at least one anterior optical surface (Fig. 8, front of lens 860) and at least one posterior optical surface (Fig. 8, back of lens 860); a first periphery region (Fig. 8, region edge 862) peripherally positioned relative to the optical zone (Fig. 8, region edge 862 is near lens 860), the first periphery region (Fig. 8, region edge 862) comprising a virtual aperture (Fig. 8, opening 820), the virtual aperture (Fig. 8, opening 820) comprising an anterior virtual aperture surface (Fig. 8, front of opening 820) and a posterior virtual aperture surface (Fig. 8, back of opening 820), wherein the virtual aperture (Fig. 8, opening 820) comprises a plurality of hexagonal micro-structures (Fig. 8, electro-active elements 882 are hexagonal [0101]); and a second periphery region (Fig. 15, edge of lens body 1510) peripherally positioned relative to the first periphery region (Fig. 8, region edge 862), the second periphery region (Fig. 15, edge of lens body 1510) comprising a haptic (Fig. 15, haptic 1512) for positioning the intraocular implant within an eye, wherein the haptic (Fig. 15, haptic 1512) comprises an outermost region (Fig. 12, tip of haptic 1512) of the intraocular implant (Fig. 8, lens 800); wherein a first plurality of light rays incident on the anterior optical surface (Fig. 8, front of lens 860) pass through the optical zone (Fig. 8, lens 860) to form an image on a retina when the intraocular implant is implanted in an eye (focal power of the ophthalmic lens focuses one image at a time on the retina by reducing the light passing through a portion of the lens [0016]); and wherein a second plurality of light rays incident on the anterior virtual aperture surface (Fig. 8, front of opening 820) are dispersed widely downstream from the intraocular implant towards and across the retina (optical properties of the lens may be altered, including dispersion (i.e., light can be dispersed more widely in response to certain incident rays) [0052]), such that the image comprises the extended depth-of-field (depth of focus is increased as focal power increases [0061]) and further wherein said virtual aperture (Fig. 8, opening 820) reduces monochromatic and chromatic aberrations in the image (lens may be conventional or unconventional to correct for low and high order aberrations of the eye [0054]), but fails to teach the micro-structures are non-electroactive.
Miller teaches a lens body comprising non-electroactive micro-structures (Fig. 3a, optic 300 is composed of bio-compatible, non-dissolving material, e.g., medical polymers [0054]). Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to combine the intraocular lens taught by Blum with the non-electroactive material of the microstructures taught by Miller in order to increase biocompatibility of the device.
Regarding claim 12, Blum teaches wherein each hexagonal micro-structure (Fig. 8, electro-active elements 882 are hexagonal [0101]) has an outer boundary defined by a hexagon (Fig. 8, individual hexagonal electro-active elements 882 form a larger hexagon).
Regarding claim 13, Blum teaches wherein each hexagonal micro-structure (Fig. 8, electro-active elements 882 are hexagonal [0101]) comprises a micro-lens (Fig. 8, lens 860 comprises dynamic micro-lenses [0060]).
Regarding claim 14, Blum teaches wherein at least one micro-lens (Fig. 8, lens 860 comprises dynamic micro-lenses [0060]) comprises a sphere (lenses may be spherical [0054]).
Regarding claim 15, Blum teaches wherein at least one micro-lens (Fig. 8, lens 860 comprises dynamic micro-lenses [0060]) comprises a conicoid (Fig. 15, lens module 1520 includes a curved contour shape [0116]).
Regarding claim 16, Blum teaches wherein the first periphery region (Fig. 8, region edge 862) is connected to the optical zone (Fig. 8, center of lens 860) by a first transition region (Fig. 8, middle ring of lens 860).
Regarding claim 17, Blum teaches wherein the second periphery region (Fig. 15, edge of lens body 1510) is connected to the first periphery region (Fig. 8, region edge 862) by a second transition region (Fig. 15, end of haptic 1512 connected to lens body 1510).
Regarding claim 18, Blum teaches wherein the optical zone (Fig. 8, lens 860) includes at least two discrete regions including a first discrete region (Fig. 8, region comprising opening 820 and battery 850) and a second discrete region (Fig. 8, region comprising lens 860).
Regarding claim 19, Blum teaches wherein the first discrete region (Fig. 8, region comprising opening 820 and battery 850) is a central region (Fig. 8, region comprising opening 820 and battery 850 is centrally located) and the second discrete region (Fig. 8, region comprising lens 860) is a peripheral region positioned peripherally around the central region (Fig. 8, region comprising lens 860 surrounds opening 820 and battery 850).
Regarding claim 20, Blum teaches wherein the first discrete region (Fig. 8, region comprising opening 820 and battery 850) comprises a first distance power (Fig. 8, sensors 870 may detect a person’s focus distance and each lens may a suitable focal length for the specific distance needed [0126-127]) and the second discrete region (Fig. 8, region comprising lens 860) comprises a second distance power (Fig. 8, sensors 870 may detect a person’s focus distance and each lens may a suitable focal length for the specific distance needed [0126-127]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/G.G.R./ Examiner, Art Unit 3774
/JERRAH EDWARDS/ Supervisory Patent Examiner, Art Unit 3774