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 Objections
Both claims 8 are objected to because of the following informalities: Two claim 8s are present that both depend on claim 1. Appropriate correction is required.
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)(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.
(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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zadno-Azizi (US Pub No.: 2009/0228101).
Regarding claim 1, Zadno-Azizi (US Pub No.: 2009/0228101) discloses a method of implanting an intraocular optic assembly (implanting an intraocular lens in [0033] having at least a first optic (in [0007]) and a second optic (in [0007]) interconnected to one another with a plurality of stanchions (connection via parts 116 and 112, shown in figure 4 with optics 106 and 118) comprising: rotating the first optic and the second optic relative to one another (in [0033]) and thereby drawing the plurality of stanchions at least one of between the first optic and the second optic and around one of the first optic and the second optic (in figures 39A-39B, the connections between parts 106 and 118 are the stanchions that connect the two optics, where a rotation occurs between figures 39A and 39B, disclosed as rolling in [0244]); and folding (in [0243]), after said rotating (in [0243], where a rolling is equivalent to a rotating. Rotating also in [0250]), the intraocular optic assembly while retaining the plurality of stanchions in the at least one of between the first optic and the second optic and around one of the first optic and the second optic (shown in figures 39A-39B); and inserting, after said folding, the intraocular optic assembly in an eye through an incision in a cornea of the eye (the lens is implanted in the cornea, as per [0120] and [0149]. Incisions in [0241]).
Regarding claim 2, Zadno-Azizi discloses the method of claim 1 further comprising: positioning a first one of the first optic and the second optic against a surface defined by the eye (insertion into an eye in [0245] where a capsular bag placement is present in [0246]); and releasing the intraocular optic assembly whereby a second one of the first optic and the second optic rotates as the plurality of stanchions elastically recover from said rotating (as an unrolling and unfolding occurs after implantation in [0242], a recovering from a folding and rolling is present, where a rolling is equivalent to a rotating. Additionally, rotation as a part of a folding is present in [0250]-[0251]).
Regarding claim 3, Zadno-Azizi discloses the method of claim 1 wherein said rotating is further defined as: rotating the first optic and the second optic relative to one another (in [0251]-[0252]) and thereby drawing the plurality of stanchions between the first optic and the second optic (shown in figures 39A-39B).
Regarding claim 4, Zadno-Azizi discloses the method of claim 3 wherein said rotating further comprises: winding the plurality of stanchions around an intermediate ring member that is positioned between the first optic and the second optic. (in figure 40B with parts 140 and 138 with retention members 128 and 130 form a ring. As per the disclosed placement of parts 106 and 118 in figure 40B and in [0250]-[0251], said parts 138 and 140 are between both optic parts 106 and 118).
Regarding claim 5, Zadno-Azizi discloses the method of claim 1 wherein said rotating is further defined as: rotating the first optic and the second optic relative to one another (disclosed in [0250]) and thereby drawing the plurality of stanchions around one of the first optic and the second optic (as parts 112 and 116 connect the anterior and posterior biasing elements in [0237] that connect to the optic elements in figures like 38C and 38D, a folding and rotating, shown in figures 39A to 39B moves the stanchions toward the first and second optics as per [0244]).
Regarding claim 6, Zadno-Azizi discloses the method of claim 1 wherein said folding is further defined as: folding, after said rotating, the intraocular optic assembly in half while retaining the plurality of stanchions in the at least one of between the first optic and the second optic and around one of the first optic and the second optic (a folding in half is shown in figure 39B with respect to 39A. details in [0244]).
Regarding claim 7, Zadno-Azizi discloses the method of claim 1 wherein said inserting further comprises: positioning the intraocular optic assembly in a capsular bag of the eye (insertion into an eye in [0245] where a capsular bag placement is present in [0246]).
Regarding claim 8, Zadno-Azizi discloses the method of claim 1 further comprising: adjusting at least one of the plurality of stanchions with laser energy after said inserting (in [0247]. Adjusting a physical dimension as presented in [0247] will lead to an adjustment of a stanchion).
Regarding claim 8, Zadno-Azizi discloses the method of claim 1 further comprising: changing a shape of at least one of the first optic and the second optic with laser energy after said inserting (laser to change the “physical dimensions” of an optic in [0247]).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadno-Azizi (US Pub No.: 2009/0228101) in view of Ross (US Pub No.: 2013/0060210).
Regarding claim 9, Zadno-Azizi discloses the method of claim 1. However, Zadno-Azizi (US Pub No.: 2009/0228101) does not teach forming, before said inserting, with a laser, the incision to be continuous and meandering from a starting point and extending over a tortuous path to an end point.
Instead, Ross (US Pub No.: 2013/0060210) teaches forming, before said inserting, with a laser, the incision ([0087] teaches a laser to form an incision) to be continuous and meandering from a starting point and extending over a tortuous path to an end point (as the incision of [0087] is used to fit the outer diameter of a cannula, a continuous incision that is tortuous is required to allow cannula part 148 to be inserted into said incision). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the laser of Ross into Zadno-Azizi for the purpose of providing a means to create an incision that will minimize post-surgery recovery and healing periods and allow for a creation of an incision that is as small as possible, which are implied as being performed by the laser of Ross in [0087].
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadno-Azizi (US Pub No.: 2009/0228101) in view of Hunter (US Pub No.: 2005/0175703).
Regarding claim 10, Zadno-Azizi discloses the method of claim 1. However, Zadno-Azizi does not further comprise: sealing, after said inserting, the incision with a seal having a first sealing panel and a second sealing panel that are configured to pinch and hold adjacent edges of the incision together.
Instead, Hunter (US Pub No.: 2005/0175703) teaches sealing, after said inserting, the incision with a seal having a first sealing panel and a second sealing panel that are configured to pinch and hold adjacent edges of the incision together (multiple plates are present for sealing a sclera in [01529]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sealing member of Hunter into Zadno-Azizi for the purpose of providing a sealing member that will attach to the sclera of the eye and conform to it (in [01529]) that will promote cell growth and prevent a fluid leakage from the sclera. Additionally, a tubing is present in Hunter in [01529] to allow for a controlled drainage of fluid.
Regarding claim 11, Zadno-Azizi and Hunter teach the method of claim 10, with Hunter further comprising: mounting, prior to said sealing, both the first sealing panel and the second sealing on an insertion tool having an outer tool portion and an inner tool portion wherein the second sealing panel is releasably affixed to a tip of the inner tool portion (placement of the sealing members on “the outlet end of the tube for placing on a surface of an eyeball” in [01529]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sealing member of Hunter into Zadno-Azizi for the purpose of providing a sealing member that will attach to the sclera of the eye and conform to it (in [01529]) that will promote cell growth and prevent a fluid leakage from the sclera. Additionally, a tubing is present in Hunter in [01529] to allow for a controlled drainage of fluid.
Regarding claim 12, Zadno-Azizi and Hunter teach the method of claim 11, with Hunter further comprising: folding, prior to said inserting, the second sealing panel; and unfolding the second sealing panel after said inserting (the plate member is disclosed as being foldable in [01529]. As the device is elastomeric, an unfolding capability is present, with [01390]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sealing member of Hunter into Zadno-Azizi for the purpose of providing a sealing member that will attach to the sclera of the eye and conform to it (in [01529]) that will promote cell growth and prevent a fluid leakage from the sclera. Additionally, a tubing is present in Hunter in [01529] to allow for a controlled drainage of fluid.
Regarding claim 13, Zadno-Azizi and Hunter teach the method of claim 12 further comprising: moving, after said unfolding, the inner and outer tool portions relative to one another and thereby drawing the first and second sealing panels together (in [01529], a tube extends between rigid plates for communication with an injection delivery system also present in [01529]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sealing member of Hunter into Zadno-Azizi for the purpose of providing a sealing member that will attach to the sclera of the eye and conform to it (in [01529]) that will promote cell growth and prevent a fluid leakage from the sclera. Additionally, a tubing is present in Hunter in [01529] to allow for a controlled drainage of fluid.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zadno-Azizi (US Pub No.: 2009/0228101) in view of Hunter (US Pub No.: 2005/0175703) in further view of Ross (US Pub No.: 2013/0060210).
Regarding claim 14, Zadno-Azizi and Hunter teach the method of claim 13. However, Zadno-Azizi and Hunter do not teach wherein said moving further comprises: moving the inner and outer tool portions relative to one another and thereby drawing the first and second sealing panels together until a flange collar of the second sealing panel is received in a cavity in the first sealing panel.
Instead, Ross teaches moving the inner and outer tool portions relative to one another (operation of a surgical instrument with a cannula to operate the incision seal part 2200 in [0115]) and thereby drawing the first and second sealing panels together until a flange collar of the second sealing panel is received in a cavity in the first sealing panel (in [0114], portions 2216 have parts 2220 extending outwardly in radial directions and adjoining at fold lines 2224. As a flange is defined as a projecting rim, parts 2220 satisfy the definition of a flange). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sealing of Ross into Zadno-Azizi for the purpose of providing a sealing means that is operable by a surgeon in [0115] that allows for both an insertion and a removal of the sealing portion in [0115].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ianchulev (US Pub No.: 2014/0194859) teaches lasers to create a desired surgical incision in [0004]). Zadno-Azizi (US Patent No.: 8,579,970) teaches connector members 116 in figure 4 to interface between two different optic members.
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/AREN PATEL/Examiner, Art Unit 3774
/YASHITA SHARMA/Primary Patent Examiner, Art Unit 3774