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 .
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.
Response to Amendment
The amendment filed 06/23/2026 has been entered. 1-5 and 7-22 remain pending. New claim 24 has been added.
Response to Arguments
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive.
Regarding Applicant's argument that the movement of the plunger has little to do with and has no coordination with the advancement of the IOL in the delivery lumen, the Examiner respectfully disagrees. The plunger (520, which includes portions 720 and 730 that have differing diameters) (see paragraph [0063] of Springer et al), it urges the IOL into the delivery tube, and the compression on the compression ring increases, as the diameter of the portion closer to the delivery lumen is smaller than the diameter of the portion of the passage that is further away from the lumen (see paragraphs [0049], [0063], and [0073] of Springer et al). Therefore, the rejections of claims 1, 13, and 22 are sustained. The Examiner recommends adding structural language that differs the structure of the Instant Application with the structures of the prior art.
Regarding the argument that the proposed combination contradicts the express design choice of Springer and Springer et al would alter it’s operating principle; the Examiner respectfully disagrees. There is no evidence that the bore of Springer having slightly tapered areas that would increase compression on the compression ring as the ring advances through the bore (as little as 0.025 and 0.05 degrees of tapering) would render the intention of Springer having a “sliding fit” to be not operable. In fact, Springer et al. explicitly teaches that the compression ring is able to move smoothly inside the bore as it delivers the IOL, as taught by Springer et al. (see paragraph [0073]). The Applications assertion that the addition of the slight tapers in the bore would alter the operation of the device is unclear, as both references mention that the compression ring can move freely through the bore of the plunger. Nothing regarding the screw-driven architecture or retention nut is being brought into the modification, only the tapered portions of the bore. The modification merely illustrates that bores that increase pressure on compression rings were known in the art, as evidenced by Springer et al. The substitution of one known element (bore of Springer) for another (bore of Springer et al, having two slightly (as little as 0.025 and 0.05 degree tapers) tapered portions that increase pressure on a compression ring as it moves through the bore) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the bore shown in Springer would have yielded predictable results, namely, a bore with two slightly tapered portions, the degree of tapering being a bit more towards the delivery end of the bore, as shown in in Springer et al., as Springer’s bore provides a sliding fit for the compression ring (See paragraph [0029] and [0037]), and Springer et al.’s bore allows the plunger to move smoothly inside the bore as it delivers the IOL, as taught by Springer et al. (see paragraph [0073]).
Regarding Applicant’s arguments that the combination of Brown and Spring would require impermissible reconstruction of Brown, the Examiner disagrees. Regarding the first point that the biasing element would have to be disregarded, its disclosed in Brown that the biasing element 260 may be omitted (see paragraph [0050]). With this in mind, the two components left are the compression ring at the end of the plunger and the architecture of the bore of Brown. Plungers with compression rings and bores that increase pressure on said compression rings were known in the art, as evidenced by Springer et al. The substitution of known elements (plunger end and bore of Springer) for another (plunger end with compression ring and bore of Springer et al, having two slightly (as little as 0.025 and 0.05 degree tapers) tapered portions that increase pressure on a compression ring as it moves through the bore) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the bore shown in Springer would have yielded predictable results, namely, a plunger with a compression ring on the end and a bore with two slightly tapered portions, the degree of tapering being a bit more towards the delivery end of the bore, resulting in a compression ring disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing, and wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore as claimed, as shown in in Springer et al., as Springer’s bore provides a sliding fit for the compression ring (See paragraph [0029] and [0037]), and Springer et al.’s bore allows the plunger to move smoothly inside the bore as it delivers the IOL, as taught by Springer et al. (see paragraph [0073]).
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.
Claims 1-2, 5, 7, 8, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170135811 A1 (hereafter --Springer--), in view of US 20190224002 A1 (hereafter --Springer et al.--).
Regarding Claim 1, Springer discloses an apparatus for eye surgery, the apparatus comprising (see apparatus 100 and all of its annotated components in Figure 7 below): a nozzle (204) having a delivery lumen (see paragraph [0040] denoting that the IOL can be loaded into the nozzle); an implant bay (202) coupled to the nozzle (204) (see paragraphs [0038] and [0041]); an implant (300) disposed in the implant bay (202) (see paragraph [0038]): and an actuator (102) coupled to the implant bay (202), the actuator (102) comprising: a housing (110) having a first end proximate to the implant bay and a second end distal to the implant bay (see annotated first and second ends of the housing in Figure 7 below), a bore (111) through the housing (110) from the first end of the housing to the second end of the housing (see annotated bore in Figure 7 below), a plunger disposed within the bore (see annotated plunger ends in Figure 7 below), wherein the plunger is configured to advance within the bore toward the first end of the housing (see paragraphs [0035] and [0041]), thereby advancing the implant from the implant bay through the delivery lumen (see paragraph [0041]), a compression ring (134) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraphs [0031] and [0037], see also annotated compression ring 134 in Figure 7 below).
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Springer fails to disclose wherein the bore is configured to increase compression on the compression ring as implant advances through the delivery lumen.
Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore (see paragraph [0049] and [0073]), which in turn therefore happens while the implant advances through the delivery lumen as the component with the compression ring advances the implant through the device to be delivered (see paragraph [0049] denoting that the pushrod, in that has the compression ring, pushes the IOL into the delivery tube).
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Bores that increase pressure on compression rings were known in the art, as evidenced by Springer et al. The substitution of one known element (bore of Springer) for another (bore of Springer et al, having two slightly (as little as 0.025 and 0.05 degree tapers) tapered portions that increase pressure on a compression ring as it moves through the bore) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the bore shown in Springer would have yielded predictable results, namely, a bore with two slightly tapered portions, the degree of tapering being a bit more towards the delivery end of the bore, as shown in in Springer et al., as Springer’s bore provides a sliding fit for the compression ring (See paragraph [0029] and [0037]), and Springer et al.’s bore allows the plunger to move smoothly inside the bore as it delivers the IOL, as taught by Springer et al. (see paragraph [0073]).
Regarding Claim 2, Springer as modified by Springer et al. discloses the apparatus of claim 1, wherein at least a portion of the bore is tapered, to increase compression on the compression ring as the plunger advances the compression ring through the bore (see paragraph [0049] and [0073]).
Regarding Claim 5, Springer as modified by Springer et al. discloses the apparatus of claim 1, wherein the compression ring is disposed between the first end and the second end of the plunger (see also paragraphs [0031] and [0034] denoting that the sealing element 130 is between the proximal and distal end of the plunger, and that the element 134 is connected to the sealing element 130).
Regarding Claim 7, Springer as modified by Springer et al. discloses the apparatus of claim 1, wherein the plunger comprises a tip (114) configured to engage the implant (see paragraph [0041]).
Regarding Claim 8, Springer as modified by Springer et al. discloses the apparatus of claim 7, wherein the tip extends into the implant bay (see paragraph [0041] denoting that the tip 114 engages with the bore 118 of the implant bay 202).
Regarding Claim 24, Springer as modified by Springer et al. the apparatus of claim 1, wherein: the bore (520) comprises a first region adjacent to the first end of the housing and a second region (730) adjacent to the second end of the housing; the first region is tapered; the second region (small portion of 720, as although the entirety of 720 is tapered, there is at least a tiny portion of 720 that has a constant width, as 720 is round and circles have constant widths) has a constant width (see claim 1 rejection above).
The limitation “the plunger is configured to advance the compression ring within the second region until the implant enters the delivery lumen and to advance the compression ring within the first region as the implant advances through the delivery lumen” is treated as functional language, that is not given full patentable weight. The prior art is not required to disclose this function, but merely have the capability of performing the recited function. Due to the device of Brown as modified by Springer et al. is structured as claimed having two regions within the bore, one being tapered (730), and one having a constant width (720), and a compression ring on the plunger, said plunger advancing the compression ring within the second region (720), the plunger is capable of advancing the compression ring through the second region (as described in the claim 1 rejection) to advance the compression ring within the first region as the implant advances (the plunger, which has the compression ring around it, advances the IOL through the delivery tube into the eye of the patient (see paragraph [0063])).
Claims 1-4, 7-8, 13-18, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180200046 A1 (hereafter --Brown--) in view of US 20190224002 A1 (hereafter --Springer et al.--).
Regarding Claim 1, Brown discloses an apparatus for eye surgery (see Abstract), the apparatus comprising: a nozzle (120) having a delivery lumen (64) (see annotated nozzle 120 in Figure 2 below, see also paragraph [0043]); an implant bay coupled to the nozzle (see annotated implant bay 80 in Figure 2 below, see also paragraph [0043] denoting that implant bay 80 and distal opening of nozzle 120 form a delivery passage); an implant disposed in the implant bay (see paragraph [0049] denoting that an IOL 70 is received into the implant bay); and an actuator coupled to the implant bay (see annotated actuator in Figure 2 below), the actuator comprising: a housing having a first end proximate to the implant bay and a second end distal to the implant bay (see annotated first and second ends in Figure 2 below), a bore through the housing from the first end of the housing to the second end of the housing (see annotated bore in Figure 2 below), a plunger (see annotated plunger and first and second ends in Figure 2 below), within the bore (see annotated first end location in the bore in Figure 2 below); thereby advancing the implant from the implant bay through the delivery lumen (see paragraph [0120]).
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Brown fails to disclose a compression ring disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing, and wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore.
Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below). Springer et al. teaches a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]).wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore (see paragraph [0049] and [0073]), which in turn also happens while the implant advances through the delivery lumen (see paragraph [0049] denoting that the pushrod, in that has the compression ring, pushes the IOL into the delivery tube).
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Plungers with compression rings and bores that increase pressure on said compression rings were known in the art, as evidenced by Springer et al. The substitution of known elements (plunger end and bore of Springer) for another (plunger end with compression ring and bore of Springer et al, having two slightly (as little as 0.025 and 0.05 degree tapers) tapered portions that increase pressure on a compression ring as it moves through the bore) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the bore shown in Springer would have yielded predictable results, namely, a plunger with a compression ring on the end and a bore with two slightly tapered portions, the degree of tapering being a bit more towards the delivery end of the bore, resulting in a compression ring disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing, and wherein the bore is configured to increase compression on the compression ring as the compression ring advances within the bore as claimed, as shown in in Springer et al., as Springer’s bore provides a sliding fit for the compression ring (See paragraph [0029] and [0037]), and Springer et al.’s bore allows the plunger to move smoothly inside the bore as it delivers the IOL, as taught by Springer et al. (see paragraph [0073]).
Regarding Claim 2, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein at least a portion of the bore is tapered, to increase compression on the compression ring as the plunger advances the compression ring through the bore (see paragraph [0049] and [0073]).
Regarding Claim 3, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein: the bore has a first width adjacent to the first end of the housing; the bore has a second width adjacent to the second end of the housing; and the first width is less than the second width (see annotated tapered portion at the first end of the housing having a width that is smaller than the width of the second end of the housing in Figure 2 above, see also paragraph [0046]).
Regarding Claim 4, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein: the bore has a first width adjacent to the first end of the housing (see width of tapered portion in Figure 2 above); the bore has a second width adjacent to the second end of the housing (see width at the second end of the housing in Figure 2 above); the bore comprises a first region and a second region (see annotated first and second regions in Figure 2 above); the first region has a width that decreases from the second width adjacent to the second region to the first width adjacent to the first end of the housing (see width of tapered portion, or “first region” being less than the width of the annotated second region); and the second region has a width that is substantially constant and equal to the second width (see annotated second region in Figure 2 above, being next to the second end of the housing, as the entire bore has a constant diameter except for the diameter in the tapered region).
Regarding Claim 7, Brown as modified by Springer et al. discloses the apparatus of claim 1, wherein the plunger comprises a tip configured to engage the implant (see paragraph [0050] describing the plunger tip 220, see also paragraph [0056] denoting that the plunger tip engages the IOL).
Regarding Claim 8, Brown as modified by Springer et al. discloses the apparatus of claim 7, wherein the tip extends into the implant bay (see paragraph [0075] denoting that the plunger tip can extend into the implant bay 80).
Regarding Claim 13, Brown discloses an apparatus (10) for delivering an implant to an eye (see Abstract), the apparatus comprising: a housing configured to be coupled to an implant bay (see annotated housing and implant bay in Figure 2 below), the housing having a first end and a second end (see annotated first and second housing ends in Figure 2 below); a bore passing longitudinally through the housing from the first end of the housing to the second end of the housing and having a tapered portion adjacent to the first end of the housing (see annotated bore and tapered portion in Figure 2 below, see also paragraph [0046]); a plunger disposed within the bore (see annotated plunger and first and second ends in Figure 2 below); wherein the plunger is configured to advance within the bore toward the first end of the housing (see Figure 2 below, see also paragraph [0057]).
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Brown fails to disclose a compression ring coupled to the plunger and disposed within the bore between the plunger and the housing and wherein the plunger is configured to advance the compression ring within the bore toward the first end of the housing and the bore having a tapered portion that is configured to increase compression on the compression ring as the implant advances through the delivery lumen.
Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches a compression ring (930) disposed within the bore (520) and between the plunger (510) and the housing (170), and wherein the plunger is configured to advance the compression ring within the bore toward the first end of the housing and the bore having a tapered portion that is configured to increase compression on the compression ring as the plunger compression ring advances within the bore, and therefore also advances the implant through the delivery lumen (see paragraph [0049] and [0073]).
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Bores that increase pressure on compression rings were known in the art, as evidenced by Springer et al. The substitution of one known element (bore of Springer) for another (bore of Springer et al, having two slightly (as little as 0.025 and 0.05 degree tapers) tapered portions that increase pressure on a compression ring as it moves through the bore) would have been obvious to one of ordinary skill in the art at the time of the invention since the substitution of the bore shown in Springer would have yielded predictable results, namely, a bore with two slightly tapered portions, the degree of tapering being a bit more towards the delivery end of the bore, as shown in in Springer et al., and therefore having a compression ring coupled to the plunger and disposed within the bore between the plunger and the housing and wherein the plunger is configured to advance the compression ring within the bore toward the first end of the housing and the bore having a tapered portion that is configured to compress the compression ring as the plunger compression ring as the implant advances through the delivery lumen, as Springer’s bore provides a sliding fit for the compression ring (See paragraph [0029] and [0037]), and Springer et al.’s bore allows the plunger to move smoothly inside the bore as it delivers the IOL, as taught by Springer et al. (see paragraph [0073]).
Regarding Claim 14, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein the tapered portion reduces a width of the bore from the second end of the housing to the first end of the housing (see tapered portion and bore in Figure 2 above, see also paragraph [0046]).
Regarding Claim 15, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein: the bore has a first width adjacent to the first end of the housing; the bore has a second width adjacent to the second end of the housing; and the first width is less than the second width (see annotated tapered portion at the first end of the housing having a width that is smaller than the width of the second end of the housing in Figure 2 above, see also paragraph [0046]).
Regarding Claim 16, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein the bore has a fixed width between the tapered portion and the second end of the housing (see bore in Figure 2 above).
Regarding Claim 17, Brown as modified by Springer et al. discloses the apparatus of claim 13, wherein the plunger comprises a tip configured to engage the implant (see paragraph [0050] describing the plunger tip 220, see also paragraph [0056] denoting that the plunger tip engages the IOL).
Regarding Claim 18, Brown as modified by Springer et al. discloses the apparatus of claim 17, wherein the tip extends into the implant bay (see paragraph [0075] denoting that the plunger tip can extend into the implant bay 80).
Regarding Claim 24, Brown as modified by Springer et al. the apparatus of claim 1, wherein: the bore (520) comprises a first region adjacent to the first end of the housing and a second region (730) adjacent to the second end of the housing; the first region is tapered; the second region (small portion of 720, as although the entirety of 720 is tapered, there is at least a tiny portion of 720 that has a constant width, as 720 is round and circles have constant widths) has a constant width (see claim 1 rejection above).
The limitation “the plunger is configured to advance the compression ring within the second region until the implant enters the delivery lumen and to advance the compression ring within the first region as the implant advances through the delivery lumen” is treated as functional language, that is not given full patentable weight. The prior art is not required to disclose this function, but merely have the capability of performing the recited function. Due to the device of Brown as modified by Springer et al. is structured as claimed having two regions within the bore, one being tapered (730), and one having a constant width (720), and a compression ring on the plunger, said plunger advancing the compression ring within the second region (720), the plunger is capable of advancing the compression ring through the second region (as described in the claim 1 rejection) to advance the compression ring within the first region as the implant advances (the plunger, which has the compression ring around it, advances the IOL through the delivery tube into the eye of the patient (see paragraph [0063])).
Claims 9-12 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180200046 A1 (hereafter --Brown--), in view of US 20190224002 A1 (hereafter --Springer et al.--), as applied to claims 1 and 13 above, and further in view of US 20080147081 A1 (hereafter --Pynson--).
Regarding Claim 9, Brown as modified by Springer et al. discloses the apparatus of claim 1.
Brown as modified by Springer et al. fails to disclose wherein the compression ring comprises or consists essentially of an elastomeric material.
Pynson discloses apparatus (100) for delivering an implant to an eye (see Abstract), the apparatus comprising: a housing configured to be coupled to an implant bay (see annotated housing and implant bay in Figure 1 below), and a plunger having a compression ring (see paragraph [0026] denoting that the plunger can have a tip that can be convex/concave, flat, or shaped, the outside of the tip being the compression ring in the convex embodiment) coupled to the plunger within the bore between the plunger and the housing (see annotated plunger and bore in Figure 1 below). Pynson teaches wherein the compression ring comprises or consists essentially of silicone, which is an elastomeric material (see paragraph [0026] denoting the plunger tip can be made of silicone).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the compression ring material consist of silicone, which is an elastomeric material, as taught by Pynson since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Lashing, 125 USPQ 416.
Regarding Claim 10, Brown as modified by Springer et al. discloses the apparatus of claim 1.
Brown as modified by Springer et al. fails to disclose wherein the compression ring comprises or consists essentially of silicone, perfluoroelastomer (FFKM), nitrile rubber, fluorocarbon type A, chloroprene, polyurethane, or polytetrafluoroethylene.
Pynson teaches wherein the compression ring comprises or consists essentially of silicone (see paragraph [0026] denoting the plunger tip can be made of silicone).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 11, Brown as modified by Springer et al. discloses the apparatus of claim 1.
Brown as modified by Springer et al. fails to disclose wherein the housing comprises or consists essentially of polypropylene, polycarbonate, acrylonitrile-butadlene-styrene, or polyoxymethylene.
Pynson teaches wherein the housing comprises or consists essentially of polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the housing material consist of polypropylene, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 12, Brown as modified by Springer et al. discloses the apparatus of claim 1.
Brown as modified by Springer et al. fails to disclose wherein the housing comprises polypropylene and the compression ring comprises silicone.
Pynson teaches wherein the housing comprises polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene) and the compression ring comprises silicone (see paragraph [0026] denoting the plunger tip can be made of silicone).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed inventio to have the housing material consist of polypropylene and the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 19, Brown as modified by Springer et al. discloses the apparatus of claim 13.
Brown as modified by Springer et al. fails to disclose wherein the compression ring comprises or consists essentially of silicone, perfluoroelastomer (FFKM), nitrile rubber, fluorocarbon type A, chloroprene, polyurethane, or poly tetrafluoroethylene.
Pynson teaches wherein the compression ring comprises or consists essentially of silicone (see paragraph [0026] denoting the plunger tip can be made of silicone).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 20, Brown as modified by Springer et al. discloses the apparatus of claim 13.
Brown as modified by Springer et al. fails to disclose wherein the housing comprises or consists essentially of polypropylene or polyoxymethylene.
Pynson teaches wherein the housing comprises or consists essentially of polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the housing material consist of polypropylene, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 21, Brown as modified by Springer et al. discloses the apparatus of claim 13.
Brown as modified by Springer et al. fails to disclose wherein the housing comprises polypropylene and the compression ring comprises silicone.
Pynson teaches wherein the housing comprises polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene) and the compression ring comprises silicone (see paragraph [0026] denoting the plunger tip can be made of silicone).
Therefore, it would have been obvious to one having ordinary skill in the before the effective filing date of the claimed invention to have the housing material consist of polypropylene and the compression ring material consist of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding Claim 22, Brown discloses apparatus for eye surgery (see Abstract), the apparatus comprising: a nozzle (120) having a delivery lumen (64) (see annotated nozzle 120 in Figure 2 below, see also paragraph [0043]); an implant bay coupled to the nozzle (see annotated implant bay 80 in Figure 2 below, see also paragraph [0043] denoting that implant bay 80 and distal opening of nozzle 120 form a delivery passage); an implant disposed in the implant bay (see paragraph [0049] denoting that an IOL 70 is received into the implant bay); and an actuator coupled to the implant bay (see annotated actuator in Figure 2 below), the actuator comprising: a housing having a first end proximate to the implant bay and a second end distal to the implant bay (see annotated first and second ends in Figure 2 below), a bore through the housing, the bore having a tapered portion adjacent to the first end of the housing (see annotated bore and tapered portion in Figure 2 below), and a fixed width between the tapered portion and the second end of the housing (see bore in Figure 2 below having a fixed width), the tapered portion reducing a width of the bore from the second end of the housing to the first end of the housing (see annotated tapered portion in Figure 2 below, see also paragraph [0046]), a plunger having a tip and a head disposed within a bore (see annotated plunger 30, tip, and head in Figure 2 below), wherein the first end of the plunger is configured to advance within the bore toward the first end of the housing (see Figure 2 below, see also paragraph [0057]), thereby advancing the implant from the implant bay through the delivery lumen (see paragraph [0120]).
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Brown fails to disclose a compression ring within the bore and coupled to the plunger adjacent to the head, the compression ring consisting essentially of silicone, thereby advancing the compression ring through the tapered portion as the plunger is advanced toward the first end of the housing, thereby also while advancing the implant from the implant bay through the delivery lumen, the bore having a tapered portion that is configured to increase compression on the compression ring as the compression ring advances through the tapered portion, as well as fails to disclose the housing consisting essentially of polypropylene.
Springer et al. discloses an apparatus for eye surgery (170) comprising a nozzle having a delivery lumen; an implant bay (210) coupled to the nozzle; a housing having a first end proximate to the implant bay and a second end distal to the implant bay, a bore (520) through the housing from the first end of the housing to the second end of the housing, and a plunger disposed within the bore (see annotated plunger, bore, housing, housing ends, and nozzle in Figures 2B and 7C below), a compression ring (930) disposed within the bore and between the plunger and the housing, thereby advancing the compression ring within the bore as the plunger is advanced toward the first end of the housing (see paragraph [0073]). Springer et al. teaches a compression ring (930) disposed within the bore (520) and coupled to the plunger (510) adjacent to the head, thereby advancing the compression ring through the bore as the plunger is advanced toward the first end of the housing, the bore having a tapered portion that is configured to compress the compression ring as the compression ring advances through the tapered portion (730) (see paragraph [0049] and [0073]).
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Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have a compression ring within the bore and coupled to the plunger adjacent to the head, the bore having a tapered portion that is configured to increase compression on the compression ring as the compression ring advances through the tapered portion, and thereby advancing the compression ring through the as the plunger is advanced toward the first end of the housing and as the implant is advanced from the implant bay through the delivery lumen, as taught by Springer, as by doing so would prevent the compression ring from taking a set shape while the device is in storage, and would cause the plunger to move smoothly inside the bore while delivering the IOL, while also preventing backup of the plunger towards the proximal end of the device during the delivery process, as taught by Springer et al. (see paragraph [0073]).
Brown as modified by Springer et al. further fails to disclose the housing consisting essentially of polypropylene and the compression ring consisting essentially of silicone.
Pynson teaches wherein the housing comprises polypropylene (see paragraph [0037] denoting the injector components can be made of polypropylene) and the compression ring comprises silicone (see paragraph [0026] denoting the plunger tip can be made of silicone).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the housing consist essentially of polypropylene and the compression ring consist essentially of silicone, as taught by Pynson, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
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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/PARIS MARIE BLASS/Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
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