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 02/13/2026 has been entered. Claims 1-15 remain pending in the application.
Response to Arguments
Applicant’s arguments, filed 02/13/2026, with respect to the rejection of claim 1 under US 20200188089 A1 (hereafter --Auld--) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant's arguments filed 02/13/2026, with respect to the rejections of claims 1, 10, and 15 under US 20180200046 A1 (hereafter --Brown--) have been fully considered but they are not persuasive. Regarding the assertion that a component of element 800 cannot be a pocket, the Examiner respectfully disagrees. The base under the new interpretation over Brown is now the bottom half of the cavity, including surface 190, and therefore the component 813 is within the base (see paragraphs [0101], [0102], [0103] and Fig. 28, the pocket being surface 182, it being “in the base” as paragraph [0101] denotes that the haptic lifter is connected to an upper surface opposite of base 190, the end 812 being “in the base” as it reaches the implant that is resting on the base of the apparatus). The term “pocket” is being given its broadest reasonable interpretation, in which “pocket” means “a small often isolated area or group” (see Merriam Webster Online definition 4).
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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.
Claims 1-2 and 5-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180200046 A1 (hereafter --Brown--).
Regarding Claim 1, Brown discloses an apparatus for eye surgery, the apparatus comprising: an implant bay (60, 80) comprising a base (the bottom half of the cavity comprising surface 190), a cap (90) coupled to the base to form a cavity (127) within the implant bay (see annotated base and cap in Figure 4 below), and a haptic lifter (800; see paragraph [0101]); and an implant (70) disposed in the cavity (60, 80, see Fig. 2), the implant (70) comprising an optic body (460) and a leading haptic (450) (see paragraph [0101]); wherein the haptic lifter (800) comprises a pocket (812) in the base that is elevated relative to the optic body and is configured to receive a distal end of the leading haptic (see paragraphs [0101], [0102], [0103] and Fig. 28, the pocket being surface 182, it being “in the base” as paragraph [0101] denotes that the haptic lifter is connected to an upper surface opposite of base 190, the end 812 being “in the base” as it reaches the implant that is resting on the base of the apparatus). The term “pocket” is being given its broadest reasonable interpretation, in which “pocket” means “a small often isolated area or group” (see Merriam Webster Online definition 4).
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Regarding Claim 2, Brown discloses the apparatus of claim 1, wherein: the optic body is configured to be advanced under the leading haptic; and the haptic lifter is configured to retain the distal end of the leading haptic until the optic body is under the leading haptic (see paragraphs [0101], [0102], and [0103]).
Regarding Claim 5, Brown discloses the apparatus of claim 1, wherein: the optic body has a leading edge and a trailing edge (the leading edge being the edge of the optic body connected to the leading haptic, the trailing edge being the edge of the optic body connected to the trailing haptic); and the implant bay elevates the leading edge relative to the trailing edge (see paragraphs [0101], [0102], and [0103]).
Regarding Claim 6, Brown discloses the apparatus of claim 1, further comprising a plunger (30) configured to advance the optic body (460) under the leading haptic (450) while the haptic lifter (800) retains the leading haptic (see Fig. 28 and paragraphs [0103] and [0120]).
Regarding Claim 7, Brown discloses the apparatus of claim 6, wherein the plunger (30) is configured to advance the optic body (460) until the leading haptic (450) is released from the haptic lifter (800) and falls onto the optic body (see Fig. 28 and paragraphs [0120] and [0122]).
Regarding Claim 8, Brown disclose the apparatus of claim 6, wherein: the implant further comprises a trailing haptic (450); and the plunger (30) is further configured to fold the trailing haptic over the optic body (via tip 220 of plunger; see paragraph [0113]).
Regarding Claim 9, Brown the apparatus of claim 8, wherein the plunger (30) is configured to fold the trailing haptic (450) over the optic body (460) before advancing the optic body under the leading haptic (see paragraph [0113] denoting that the trailing haptic is folded within compartment of the implant bay 80 as the plunger tip 220 contacts and displaces trailing haptic 450 and paragraph [0101] denoting that the lifting feature 800 is within the delivery passage 127 which folds the leading haptic over the optic body as the IOL is advanced through passage 64).
Regarding Claim 10, Brown discloses an apparatus for eye surgery, the apparatus comprising: a nozzle (120); an implant bay (60, 80) coupled to the nozzle (see annotated nozzle and implant bay in Figure 4 below), the implant bay (60, 80) comprising a base (the bottom half of the cavity comprising surface 190), a cap (top half of the cavity including the surface 90) coupled to the base to form a cavity (127) within the implant bay (see Figs. 1-4), and the case comprising a haptic lifter (800; see paragraph [0101], it being “part of the base” as paragraph [0101] denotes that the haptic lifter is connected to an upper surface opposite of base 190, the end 812 being “comprised in the base” as it reaches the implant that is resting on the base of the apparatus); an implant (70) disposed in the cavity (see paragraph [0078] and Fig. 2), the implant (70) comprising an optic body (460), a leading haptic (450), and a trailing haptic (450) (see paragraphs [0101] and [0113]); and an actuator (plunger 30) coupled to the base (see Fig. 2); wherein the haptic lifter (800) comprises a pocket (812) that retains and elevates the leading haptic (450) relative to the optic body (see paragraphs [0101], [0102], and [0103]) and the actuator (30) is configured to fold (via tip 220) the trailing haptic (450) onto the optic body (460) and advance the optic body (460) under the leading haptic (450) toward the nozzle (120) until the leading haptic (450) is released from the pocket (812) onto the optic body (see paragraphs [0101]-[0103], [0113], and Figs. 14 and 28). The term “pocket” is being given its broadest reasonable interpretation, in which “pocket” means “a small often isolated area or group” (see Merriam Webster Online definition 4).
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Regarding Claim 11, Brown discloses the apparatus of claim 10, wherein the actuator (30) is further configured to advance the implant from the implant bay (60) into the nozzle (120) with the leading haptic and the trailing haptic on the optic body (see Fig. 14 and paragraphs [0101], [0113], and [0075]).
Regarding Claim 12, Brown discloses the apparatus of claim 10, wherein optic body has a leading edge and a trailing edge (the leading edge being the edge of the optic body connected to the leading haptic, the trailing edge being the edge of the optic body connected to the trailing haptic), and the optic body is tilted so that the leading edge is elevated relative to the trailing edge while the leading haptic is retained in the pocket (see paragraphs [0101]-[0103]).
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Claims 1, 3-5, 10, 13, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by another interpretation of US 20180200046 A1 (hereafter --Brown--).
Regarding Claim 1, Brown discloses an apparatus for eye surgery, the apparatus comprising: an implant bay (60), the implant bay (60) comprising a base (700, 704), a cap (702, 706) coupled to the base to form a cavity (64) within the implant bay (see paragraph [0076] denoting that 702, 706, 700, and 704 form cavity 64, see also annotated Figure 26 below), and a haptic lifter (722) (see paragraph [0087] denoting that portion 704 of base can have a ramp 722); and an implant (70) disposed in the cavity (64) (see paragraphs [0076] and [0077]), the implant (70) comprising an optic body (460) and a leading haptic (450) (see paragraph [0077]); wherein the haptic lifter (722) (see paragraph [0087] denoting that portion 704 of base can have a ramp 722), comprises a pocket (723) in the base that is elevated relative to the optic body and is configured to receive a distal end of the leading haptic (see paragraph [0089]).
Regarding Claim 3, Brown discloses the apparatus of claim 1, the optic body is recessed in the base (see paragraphs [0089] and [0090] denoting the leading haptic of the IOL 70 advances onto the ramp 722, which is part of the base, in that the optic body of the implant is lower and therefore “recessed” into the base).
Regarding Claim 4, Brown discloses the apparatus of claim 1, wherein the base comprises an optic ramp (708), the optic body (460) comprises a leading edge and a trailing edge (the leading edge being the point of contact of the leading haptic and optic body, the trailing edge being the point of contact of the trailing haptic and optic body), the optic body is disposed on the optic ramp, and the optic ramp is configured to tilt the optic body so that the leading edge is elevated relative to the trailing edge (see paragraphs [0077], [0080], and [0090]).
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Regarding Claim 5, Brown discloses the apparatus of claim 1, wherein: the optic body has a leading edge and a trailing edge (the leading edge being the point of contact of the leading haptic and optic body, the trailing edge being the point of contact of the trailing haptic and optic body); and the implant bay (60, having the haptic lifter (ramp) 722) elevates the leading edge relative to the trailing edge (see paragraph [0089]).
Regarding Claim 10, Brown discloses an apparatus for eye surgery, the apparatus comprising: a nozzle (120); an implant bay (60) coupled to the nozzle (see paragraph [0076], see also paragraph [0043] denoting the passage 64 formed within implant bay 60 is connected to the nozzle 120), the implant bay (60) comprising a base (700, 704), a cap (702, 706) coupled to the base to form a cavity (64) within the implant bay (60), (see paragraphs [0076] and [0078], see also implant bay, base, cap, and cavity in Figure 26 below), and the base comprising a haptic lifter (722) (see paragraph [0087] denoting that portion 704 of base can have a ramp 722), an implant (70) disposed in the cavity (see paragraph [0077]), the implant (70) comprising an optic body (460), a leading haptic (450), and a trailing haptic (450) (see paragraphs [0101], [0113], and [0077]) and an actuator (20 and plunger 30) coupled to the base (see Fig. 2, see Fig. 4 showing that 64 and 127 are connected, see also paragraph [0078] denoting that plunger 30 advances the implant 70 through the delivery passage 127, see paragraph [0080], see Fig. 30 showing 127 and 708); wherein the haptic lifter (708) comprises a pocket (723) that retains and elevates the leading haptic (450) relative to the optic body (see paragraph [0089]) and the actuator (30) is configured to fold (via rod 210 and tip 220) the trailing haptic (450) onto the optic body (460) (see paragraph [0067] and Fig. 11) and advance the optic body (460) under the leading haptic (450) toward the nozzle (120, through delivery passages 64 and 127, see Fig. 30) until the leading haptic (450) is released from the pocket (723) onto the optic body (see paragraph [0090], see also paragraph [0080] and Figs. 14 and 30-33). The term “pocket” is being given its broadest reasonable interpretation, in which “pocket” means “a small often isolated area or group” (see Merriam Webster Online definition 4).
Regarding Claim 13, Brown discloses the apparatus of claim 1, the optic body is recessed in the base (see paragraphs [0089] and [0090] denoting the leading haptic of the IOL 70 advances onto the ramp 722, which is part of the base, in that the optic body of the implant is lower and therefore “recessed” into the base).
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Regarding Claim 14, Brown discloses the apparatus of claim 10, wherein: the optic body has a leading edge and a trailing edge (the leading edge being the point of contact of the leading haptic and optic body, the trailing edge being the point of contact of the trailing haptic and optic body); and the base comprises an optic ramp (708) that (60, via 708 (ramp) formed into inner surface 710 of implant bay 60) elevates the leading edge relative to the trailing edge (see paragraphs [0077], [0080], and [0090]).
Regarding Claim 15, Brown discloses apparatus for eye surgery, the apparatus comprising: a nozzle (120) having a delivery lumen (127) (see paragraph [0043]); an implant bay (60) comprising: a base (700, 704) coupled to the nozzle (see paragraph [0076], see also paragraph [0043] denoting the passage 64 is connected to the nozzle 120, in which base 700, 704 is part of what forms 64), the base comprising a pocket (722, 723) (see paragraph [0087] denoting that portion 704 of base can have a ramp 722, which has an introducing surface 723 that is a small isolated area, or pocket), and an optic ramp (708) (see paragraph [0077] denoting that ramp 708 is formed on an interior surface 710 of the first sidewall 700), and a cap (702, 706) coupled to the base to form a cavity (64) within the implant bay (see paragraph [0076] denoting that 702, 706, 700, and 704 form cavity 64, see also annotated Figure 26 below) that is fluidly coupled to the delivery lumen (see paragraph [0043] denoting passage 64 is connected to delivery lumen 127); an implant (70) disposed in the cavity (64) (see paragraph [0077]), the implant comprising: an optic body (460) having a leading edge and a trailing edge (the leading edge being the point of contact of the leading haptic and optic body, the trailing edge being the point of contact of the trailing haptic and optic body), the optic body (460) disposed on the optic ramp (708) so that the leading edge is elevated relative to the trailing edge (see paragraphs [0077], [0080], and [0090]) a leading haptic having a distal end constrained by the pocket so that the leading haptic is elevated relative to the leading edge and a trailing haptic (see paragraph [0090]); and an actuator (20, 30) coupled to the base (see Fig. 2, see Fig. 4 showing that 64 and 127 are connected, see also paragraph [0078] denoting that plunger 30 advances the implant 70 through the delivery passage 127, see paragraph [0080], see Fig. 30 showing 127 and 708); the actuator comprising: a housing (20; see Fig. 10), and a plunger (30) at least partially disposed within the housing (see Figs. 2 and 10); wherein the plunger (30) is configured to fold (via rod 210 and tip 220) the trailing haptic (450) onto the optic body (460) (see paragraph [0067] and Fig. 11), advance the optic body (460) under the leading haptic (450) toward the delivery lumen (127) (see Fig. 30) until the leading haptic (450) is released from the pocket (722) onto the optic body while the leading haptic is retained by the pocket (see paragraphs [0080] and [0090] and Figs. 14 and 30-33), and advance the implant (70) from the implant bay (60) through the delivery lumen (127) with the leading haptic (450) and the trailing haptic (450) on the optic body (see Fig. 14 and paragraphs [0077], [0078], [0118], [0119], and [0120]). The term “pocket” is being given its broadest reasonable interpretation, in which “pocket” means “a small often isolated area or group” (see Merriam Webster Online definition 4).
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Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PARIS MARIE BLASS whose telephone number is (703)756-5375. The examiner can normally be reached Monday - Thursday 9 a.m. - 7 p.m. ET.
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, Melanie Tyson can be reached at 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PARIS MARIE BLASS/Examiner, Art Unit 3774
/SARAH W ALEMAN/Primary Examiner, Art Unit 3774
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