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 . Claims 1-17 are pending and examined below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “optical system 100” and “system 200”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an eye-mounted power source” of claims 9, 10, and 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites the limitation "positioning the lens" in line 1. It is unclear if this “lens” is the same or different from the “intra-ocular lens” of claim 12. For the purpose of examination, they are regarded as the same.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Saini (US 20220233357 A1).
Regarding claim 12, Saini teaches
a method of providing artificial vision to a user (abstract, Saini), comprising providing the user with an intra- ocular lens (40, Fig. 8, Saini) having both a display (46, Fig. 8, Saini) and a camera (45, Fig. 8, Saini).
Regarding claim 13, Saini teaches
further comprising positioning the lens (40, Fig. 8, Saini) in an eye (10, Fig. 5, Saini) of the user such that the camera is positioned centrally to a vision path of the eye (Fig. 7, Saini).
Regarding claim 14, Saini teaches
further comprising powering each of the display and the camera by comprising an eye-mounted power source (54, Fig. 8, ¶0044, ¶0048, & ¶0055, Saini).
Regarding claim 15, Saini teaches
further comprising improving scotopic vision by using the display to render images received by the camera at a brightness greater than would be received by the eye using a native lens of the eye (higher resolution light patterns, ¶0053, Saini).
Regarding claim 16, Saini teaches
further comprising using the display (46, Fig. 8, Saini) to render images received by the camera (45, Fig. 8, Saini) at a magnification greater than would be received by the eye using a native lens of the eye (digital zoom functionality, ¶0054, Saini).
Regarding claim 17, Saini teaches
further comprising at least partially correcting myopia or presbyopia by using the display to render images received by the camera (¶0070, Saini).
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saini in view of Liran et al. (US 20180071146 A1) hereinafter, Liran.
Regarding claim 1, Saini teaches an optical system (abstract, Saini), comprising:
a camera (45, Fig. 8, Saini) dimensioned to be inserted into a lens (18, Fig. 5, Saini) of an eye (10, Fig. 5, Saini) of a human.
Saini teaches a display (46, Fig. 8, Saini) but does not disclose a liquid crystal display. However, Liran teaches an intraocular apparatus configured for use with an extraocular imaging device (abstract, Liran) wherein
a liquid crystal display (130, Fig. 1, ¶0084, Liran) dimensioned to be inserted into the lens of the eye (Fig. 1, Liran), the liquid crystal display juxtaposed with the camera (40, Fig. 1, Liran) such that an image obtained by the camera positionally aligns with the position of image displayed via the liquid crystal display (¶0094-0095, Liran).
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 teachings of Saini by incorporating a display as taught by Liran in order to emit light representing the image (¶0080, Liran).
Regarding claim 2, Saini teaches
wherein the camera (45, Fig. 8, Saini) is positioned on a side of the display (46, Fig. 8, Saini).
Regarding claim 3, Saini teaches
wherein the camera (45, Fig. 8, Saini) is positioned at least partially within the display (46, Fig. 8, Saini).
Regarding claim 4, Saini does not teach the display is curved. However, Liran teaches
wherein the display is curved (1, Fig. 1, Liran).
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 teachings of Saini by incorporating a display as taught by Liran in order to emit light representing the image (¶0080, Liran).
Regarding claim 5, Saini does not teach the display is flexible. However, Liran teaches
wherein the display is resiliently flexible (display enclosed in silicone, ¶0075, Liran).
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 teachings of Saini by incorporating a display as taught by Liran in order to emit light representing the image (¶0080, Liran).
Regarding claim 6, Saini teaches
wherein the display has adjustable transparency (¶0011, Saini).
Regarding claim 7, Saini teaches
wherein the display comprises an intraocular lens (40, Fig. 8, Saini).
Regarding claim 8, Saini teaches
wherein the camera (45, Fig. 8, Saini) is positioned central to the intraocular lens (40, Fig. 8, Saini).
Regarding claim 9, Saini teaches
further comprising an eye-mounted power source (54, Fig. 8, Saini) that provides electrical power to the camera (¶0044, & ¶0055, Saini).
Regarding claim 10, Saini teaches
further comprising an eye-mounted power source (54, Fig. 8, Saini) that provides electrical power to the display (¶0044, & ¶0048, Saini).
Regarding claim 11, Saini does not teach the display extends to multiple edges of the intraocular lens. However, Liran teaches
wherein the display extends to multiple edges of the intraocular lens (Fig. 1, Liran).
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 teachings of Saini by incorporating a display as taught by Liran in order to emit light representing the image (¶0080, Liran).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIA XIONG WHITE whose telephone number is (703)756-4773. The examiner can normally be reached 0830-1630 EST.
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/K.X.W./Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774