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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/092025 has been entered.
Claim Objections
Claims 4 and 7-8 are objected to because of the following informalities:
Claim 4, line 3, “of the space” should be inserted after “a front side”.
Claim 4, line 5, “the” before “width direction” should read “a”.
Claim 7, line 3, “of the space” should be inserted after “a front side”.
Claim 7, line 5, “the” before “width direction” should read “a”.
Claim 8, line 3, “of the space” should be inserted after “a front side”.
Claim 8, line 5, “the” before “width direction” should read “a”.
Appropriate correction is required.
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 12 and 15-16 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 claim(s) contains 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. The limitation of claim 12 that the cutout surface is located below portions of the main body bottom surface connection portion that are aligned with the cutout surface end of the lens advancing direction 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. For example, the specification (FIG. 9; and P0117-P0119) clearly show the cutout 73 being below portions of the injection tube bottom surface connection portion, rather than the main body bottom surface connection portion.
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.
Claim(s) 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0185206 (Ichinohe).
17. Ichinohe discloses an intraocular lens injector (1) for injecting an intraocular lens (4) into an eye, the intraocular lens injector comprising:
a main body (e.g., proximal end of leading end member 12 in FIG. 30) defining a main body inner circumference that has a top surface and a bottom surface with a connection portion (e.g., distal end in FIG. 29A);
an injection tube (e.g., distal end of leading end member 12 in FIG. 30) defining an injection tube inner circumference that decreases in size (FIG. 30A-30E) and that has a top surface, a bottom surface with a connection portion (e.g., proximal end in FIG. 29A) that abuts the main body bottom surface connection portion (FIG. 29A), and a cutout surface (see annotated FIG. 30) that slopes downwardly from the injection tube bottom surface and toward the main body bottom surface connection portion and that forms a space (see annotated FIG. 30) that is configured to receive (or at least capable of receiving) a downwardly moving part of a rear side of the intraocular lens (FIG. 29B and 30B; P0133) and that defines a depth that decreases with distance from the main body (e.g., decreasing depth as shown in FIG. 30B-30D); and
a rod (8) configured to advance the intraocular lens out of the injection tube (P0050).
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Response to Arguments
Applicant’s arguments regarding the new claims have been considered but are moot because the arguments do not apply to the rejection in the previous office action (e.g., do not apply to claim limitations previously rejected). All arguments directed to new claims in the amended claims are addressed in the rejection above.
Allowable Subject Matter
Claims 1-3, 5-6, 9-11, 13, and 14 are allowed.
Claims 4, 7, 8, 18, and 19 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.
The following is an examiner’s statement of reasons for allowance: the prior art fails to disclose, in combination with other limitations of the claims, an intraocular lens injection with a front limit of a range of motion of a portion of the slider that abuts against an outer circumference of an optical portion of the intraocular lens is located above the position α, as recited in claim 1 and 13.
The reasons for allowance of the claims is clear from the written record of prosecution. Attention is specifically drawn to Ichinohe. The applicant points out that Ichinohe does not teach or suggest this recited limitation. Examiner agrees.
As discussed above, Ichinohe does not anticipate applicant’s claimed invention. Furthermore, there does not appear to be a reason, absent hindsight, to modify Ichinohe, alone or in combination, to teach the front limit of a range of motion of the portion of the slider to be located above the position α as recited in claims 1 and 13. Therefore, the cited references taken singly or in combination do not anticipate or make obvious applicant’s claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD J SCHERBEL whose telephone number is (571)270-7085. The examiner can normally be reached Mon - Fri 9:00-6:00.
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, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TJ SCHERBEL
Primary Examiner
Art Unit 3771
/TODD J SCHERBEL/ Primary Examiner, Art Unit 3771