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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/13/2026 has been entered.
Notice of Amendment
In response to the amendment filed on 2/13/2026, amended claims 1, 7, 12, and 16-18 are acknowledged. Claims 1-21 remain pending. The following new and reiterated grounds of rejection are set forth:
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blaauw et al. (US Patent No. 10,285,590 B2) (previously cited), further in view of Liran et al. (US Patent No. 10,555,837 B2) (cited by Applicant) Jow et al. (US Patent No. 11,143,885 B2) (previously cited).
Regarding claim 21, Blaauw et al. discloses a system for determining an intraocular pressure of an eye of a user, the system comprising:
a reader device which is configured to be positioned outside the eye of the user, the reader device comprising a transmitter and a receiver (see col. 4, line 47-col. 5, line 3); and
an intraocular electronic pressure sensor which is configured to be implanted in the eye of the user, the intraocular electronic pressure sensor comprising:
an intraocular pressure sensing element (31) configured to be implanted into the eye of the user (see col. 3, lines 29-40);
implant microelectronic circuitry (34) configured to be implanted into the eye of the user and conductively coupled to the intraocular pressure sensing element to produce measured pressure data (see col. 3, lines 41-63);
a LED (38) configured to be implanted into the eye of the user, wherein the implant microelectronic circuitry is configured to drive the LED with the measured pressure data thereby optically transmitting the measured pressure data for communication with the receiver of the reader device (see col. 4, lines 47-60); and
a photovoltaic element (36) configured to be implanted into the eye of the user, wherein the photovoltaic element is configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED (see col. 4, lines 19-33).
It is noted Blaauw et al. does not specifically teach the LED is a microscopic LED. However, Liran et al. teaches a microscopic LED (see col. 6, lines 44-52).
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 intraocular electronic pressure sensor of Blaauw et al. to include a microscopic LED, as disclosed in Liran et al., so as to reduce the size of the components on the intraocular pressure sensor.
Further, it is noted Blaauw et al. teaches a photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED (see col. 4, lines 19-33), and separately, an additional photovoltaic element configured to receive optical communication from the outside of the eye (see col. 4, line 61-col. 5, line 3) but does not specifically teach a single photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED, and wherein the implant microelectronic circuitry is configured to use the photovoltaic element to receive optical communication from the transmitter of the reader device. However, Jow et al. teaches a single photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED, and wherein the implant microelectronic circuitry is configured to use the photovoltaic element to receive optical communication from the transmitter of the reader device (see col. 5, lines 34-40). 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 intraocular electronic pressure sensor of Blaauw et al. to include a single photovoltaic element to both supply energy to operate the implant microelectronic circuitry and the microscopic LED and receive optical communication from the transmitter of the reader device, as disclosed in Jow et al., so as conserve space in the sensor by using a single structure to perform both functions. Moreover, 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 intraocular pressure sensor of Blaauw et al. to include a single photovoltaic element to both supply energy to operate the implant microelectronic circuitry and the microscopic LED and receive optical communication from the transmitter of the reader device, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Claim(s) 1 and 3-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blaauw et al. (US Patent No. 10,285,590 B2) (previously cited), further in view of Liran et al. (US Patent No. 10,555,837 B2) (cited by Applicant), Jow et al. (US Patent No. 11,143,885 B2) (previously cited), and Cao (US Publication No. 2016/0058324 A1).
Regarding claim 1, Blaauw et al. discloses an intraocular electronic pressure sensor comprising:
an intraocular pressure sensing element (31) configured to be implanted into an eye of a user (see col. 3, lines 29-40);
implant microelectronic circuitry (34) to be implanted into the eye of the user and conductively coupled to the intraocular pressure sensing element to produce measured pressure data (see col. 3, lines 41-63);
a light emitting diode (38), LED, configured to be implanted into the eye of the user, wherein the implant microelectronic circuitry is configured to drive the LED with the measured pressure data thereby optically transmitting the measured pressure data for communication with outside of the eye (see col. 4, lines 47-60); and
a photovoltaic element (36) configured to be implanted into the eye of the user, wherein the photovoltaic element is to supply energy to operate the implant microelectronic circuitry and the microscopic LED (see col. 4, lines 19-33).
It is noted Blaauw et al. does not specifically teach the LED is a microscopic LED. However, Liran et al. teaches a microscopic LED (see col. 6, lines 44-52).
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 intraocular electronic pressure sensor of Blaauw et al. to include a microscopic LED, as disclosed in Liran et al., so as to reduce the size of the components on the intraocular pressure sensor.
Further, it is noted Blaauw et al. teaches a photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED (see col. 4, lines 19-33), and separately, an additional photovoltaic element configured to receive optical communication from the outside of the eye (see col. 4, line 61-col. 5, line 3) but does not specifically teach a single photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED, and wherein the implant microelectronic circuitry is configured to use the photovoltaic element to receive optical communication from the outside of the eye. However, Jow et al. teaches a single photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED, and wherein the implant microelectronic circuitry is configured to use the photovoltaic element to receive optical communication from the outside of the eye (see col. 5, lines 34-40). 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 intraocular electronic pressure sensor of Blaauw et al. to include a single photovoltaic element to both supply energy to operate the implant microelectronic circuitry and the microscopic LED and receive optical communication from outside of the eye, as disclosed in Jow et al., so as conserve space in the sensor by using a single structure to perform both functions. Moreover, 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 intraocular pressure sensor of Blaauw et al. to include a single photovoltaic element to both supply energy to operate the implant microelectronic circuitry and the microscopic LED and receive optical communication from outside of the eye, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Further, it is noted Blaauw et al. does not specifically teach transmitting the measured pressure data occurs in response to the intraocular pressure sensor being charged through the charging element. However, Cao teaches transmitting the measured pressure data occurs in response to the intraocular pressure sensor being charged through the charging element (see [0037], [0047], and [0056]). 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 intraocular electronic pressure sensor of Blaauw et al. to include transmitting the measured pressure data occurs in response to the intraocular pressure sensor being charged through the charging element, as disclosed in Cao, so as to allow the sensor device to operate without failure for an extended period of time, typically at least 10 to 15 years, which allows for long term monitoring without requiring periodic surgical procedures or repeated office trips to obtain IOP measurement according to conventional techniques (see Cao: [0047]).
Regarding claim 3, the combination of Blaauw et al., Liran et al., Jow et al., and Cao teaches the microscopic LED is one of a plurality of microscopic LEDs to be implanted into the eye of the user (see Liran et al.: Figures 2A-3 and col. 6, lines 17-20) and that are driven with the measured pressure data for communication with the outside of the eye (see Blaauw et al.: col. 4, lines 47-60).
Regarding claim 4, Blaauw et al. teaches the implant microelectronic circuitry is conductively coupled to the intraocular pressure sensing element via a flexible connection or via a rigid connection (see col. 3, lines 3-7 and lines 41-43).
Regarding claim 5, Blaauw et al. teaches in combination with outside-of-the-eye microelectronic circuitry that is configured to receive the transmitted, measured pressure data, and process the received data for informing the user about their intraocular pressure (see col. 4, line 47-col. 5, line 3). Cao also teaches in combination with outside-of-the-eye microelectronic circuitry that is configured to receive the transmitted, measured pressure data, and process the received data for informing the user about their intraocular pressure (see [0041] and [0074]).
Regarding claim 6, Cao teaches the outside-of-the-eye microelectronic circuitry is integrated into a portable or handheld device and is configured to receive the transmitted data when the portable or handheld device is held by the user close to their eye (see [0041] and [0074]).
Regarding claim 7, Blaauw et al. teaches the outside-of-the-eye microelectronic circuitry is to transmit an optical interrogation signal that is detected by the implant microelectronic circuitry using the microscopic LED, the photovoltaic element, or a separate photodetector element, and in response the implant microelectronic circuitry drives the microscopic LED with the measured pressure data thereby optically transmitting the measured pressure data for communication with the outside-of-the-eye microelectronic circuitry (see col. 4, line 47-col. 5, line 3).
Regarding claim 8, Blaauw et al. teaches a rechargeable battery to be implanted into the eye of the user and configured to store the energy supplied by the photovoltaic element (see col 4, lines 19-33).
Regarding claim 9, Cao teaches the implant microelectronic circuitry operates predominantly in a background mode of operation in which no measured pressure data is produced and no measured pressure data is transmitted (see [0047]).
Regarding claim 10, Blaauw et al. teaches in combination with outside-of-the-eye microelectronic circuitry that is configured to receive the transmitted, measured pressure data, and process the received data for informing the user about their intraocular pressure (see col. 4, line 47-col. 5, line 3). Cao also teaches in combination with outside-of-the-eye microelectronic circuitry that is configured to receive the transmitted, measured pressure data, and process the received data for informing the user about their intraocular pressure (see [0041] and [0074]).
Regarding claim 11, Cao teaches the outside-of-the-eye microelectronic circuitry is integrated into a portable or handheld device and is configured to receive the transmitted data when the portable or handheld device is held by the user close to their eye (see [0041] and [0074]).
Regarding claim 12, Blaauw et al. teaches the outside-of-the-eye microelectronic circuitry is to transmit an optical interrogation signal that is detected by the implant microelectronic circuitry using the microscopic LED, the photovoltaic element, or a separate photodetector element, and in response the implant microelectronic circuitry drives the microscopic LED with the measured pressure data thereby optically transmitting the measured pressure data for communication with the outside-of-the-eye microelectronic circuitry (see col. 4, line 47-col. 5, line 3).
Regarding claim 13, Cao teaches the implant microelectronic circuitry operates predominantly in a background mode of operation in which no measured pressure data is produced and no measured pressure data is transmitted (see [0047]).
Regarding claim 14, Blaauw et al. teaches in combination with outside-of-the-eye microelectronic circuitry that is configured to receive the transmitted, measured pressure data, and process the received data for informing the user about their intraocular pressure (see col. 4, line 47-col. 5, line 3). Cao also teaches in combination with outside-of-the-eye microelectronic circuitry that is configured to receive the transmitted, measured pressure data, and process the received data for informing the user about their intraocular pressure (see [0041] and [0074]).
Regarding claim 15, Cao teaches the outside-of-the-eye microelectronic circuitry is integrated into a portable or handheld device and is configured to receive the transmitted data when the portable or handheld device is held by the user close to their eye (see [0041] and [0074]).
Regarding claim 16, Blaauw et al. teaches the outside-of-the-eye microelectronic circuitry is to transmit an optical interrogation signal that is detected by the implant microelectronic circuitry using the microscopic LED, the photovoltaic element, or a separate photodetector element, and in response the implant microelectronic circuitry drives the microscopic LED with the measured pressure data thereby optically transmitting the measured pressure data for communication with the outside-of-the-eye microelectronic circuitry (see col. 4, line 47-col. 5, line 3).
Regarding claim 17, Blaauw et al. teaches a method for intraocular pressure monitoring using an electronic intraocular pressure sensor that is configured to be implanted in an eye of a user (see col. 3, lines 29-40) and a reader device that is configured to be positioned outside the eye (see col. 4, line 47-col. 5, line 3), the method comprising:
converting, by a photovoltaic element of the sensor, ambient light that is incident on the eye of user into electrical energy that powers the sensor (see col 4, lines 19-33);
transmitting, by a LED of the sensor, measured pressure data from the sensor (see col. 4, lines 47-60);
receiving, by a photodetector of the reader device, the transmitted, measured pressure data (see col. 4, line 47-col. 5, line 3); and
processing the received data for informing the user about their intraocular pressure (see col. 4, line 47-col. 5, line 3).
It is noted Blaauw et al. does not specifically teach the LED is a microscopic LED. However, Liran et al. teaches a microscopic LED (see col. 6, lines 44-52). 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 method of Blaauw et al. to include a microscopic LED, as disclosed in Liran et al., so as to reduce the size of the components on the intraocular pressure sensor.
Further, it is noted Blaauw et al. teaches a photovoltaic element configured to supply energy to operate the implant microelectronic circuitry and the microscopic LED (see col. 4, lines 19-33), and separately, an additional photovoltaic element configured to receive optical communication from the outside of the eye (see col. 4, line 61-col. 5, line 3) but does not specifically teach receiving, by the photovoltaic element, optical communication from the reader device. However, Jow et al. teaches a single photovoltaic element for converting, by a photovoltaic element of the sensor, ambient light that is incident on the eye of user into electrical energy that powers the sensor and receiving, by the photovoltaic element, optical communication from the reader device (see col. 5, lines 34-40). 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 method of Blaauw et al. to include a single photovoltaic element for converting, by a photovoltaic element of the sensor, ambient light that is incident on the eye of user into electrical energy that powers the sensor and receiving, by the photovoltaic element, optical communication from the reader device, as disclosed in Jow et al., so as conserve space in the sensor by using a single structure to perform both functions. Moreover, 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 intraocular pressure sensor of Blaauw et al. to include a single photovoltaic element to both supply energy to operate the implant microelectronic circuitry and the microscopic LED and receive optical communication from outside of the eye, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Further, it is noted Blaauw et al. does not specifically teach transmitting the measured pressure data occurs in response to the intraocular pressure sensor being charged through the charging element. However, Cao teaches transmitting the measured pressure data occurs in response to the intraocular pressure sensor being charged through the charging element (see [0037], [0047], and [0056]). 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 intraocular electronic pressure sensor of Blaauw et al. to include transmitting the measured pressure data occurs in response to the intraocular pressure sensor being charged through the charging element, as disclosed in Cao, so as to allow the sensor device to operate without failure for an extended period of time, typically at least 10 to 15 years, which allows for long term monitoring without requiring periodic surgical procedures or repeated office trips to obtain IOP measurement according to conventional techniques (see Cao: [0047]).
Regarding claim 18, Blaauw et al. teaches transmitting, by the reader device, an optical interrogation signal that is detected by the sensor, wherein transmitting the measured pressure data by the micro LED is in response to having detected by the optical interrogation signal (see col. 4, line 61-col. 5, line 3).
Regarding claims 19-20, the combination of Blaauw et al., Liran et al., Jow et al., and Cao teaches providing optical power (see Blaauw et al.: col. 4, lines 19-33 and Jow et al.: col. 5, lines 34-40) by the reader device to charge a battery of the sensor in a first phase of an interaction between the sensor and the reader device, wherein transmitting by the sensor the measured pressure data occurs in a second phase of the interaction and only in response to the sensor being charged during the first phase (see Cao: [0037], [0047], and [0056]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blaauw et al., Liran et al., Jow et al., and Cao further in view of Jeffries et al. (US Publication No. 2003/0078487 A1) (cited by Applicant) (previously cited).
Regarding claim 2, it is noted none of Blaauw et al., Liran et al., or Jow et al. specifically teach one or more of the intraocular pressure sensing element, the microelectronic circuitry, the microscopic LED and the photovoltaic element are configured to be implanted into a cornea or sclera. However, Jeffries et al. teaches one or more of the intraocular pressure sensing element, the microelectronic circuitry, the microscopic LED and the photovoltaic element are configured to be implanted into a cornea or sclera (see Figure 8 and [0043]). 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 intraocular electronic pressure sensor of Blaauw et al., Liran et al., and Jow et al. to include one or more of the intraocular pressure sensing element, the microelectronic circuitry, the microscopic LED and the photovoltaic element are configured to be implanted into a cornea or sclera, as disclosed in Jeffries et al., so as to position the sensor outside the pupil so as to not interfere with the patient’s vision (see Jeffries et al.: [0043]).
Response to Arguments
Applicant's arguments filed 2/13/2026 have been fully considered but they are not persuasive.
Applicant argues that claim 21 appears to be allowed because there was no rejection of it. This is plainly incorrect. The Final Rejection mailed 12/5/2025 inadvertently omitted claim 21 from the rejection heading, but it is clearly rejected in view of Blaauw et al., Liran et al., and Jow et al. as outlined on pages 7-9 of the Final Rejection and as indicated on the PTO-326 form.
Applicant’s arguments with respect to claim(s) 1 and 17 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.
Instead, Applicant’s arguments are directed to the newly added subject matter of the amended claims, which is addressed in the new grounds of rejection as outlined above.
Conclusion
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/DEVIN B HENSON/ Primary Examiner, Art Unit 3791
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