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 .
Response to Amendment
The amendment filed February 16, 2026 has been entered. Claims 1-15 and 17-21 are pending in the application, where claims 21 was newly added and claim 16 was cancelled. Applicant’s amendments to the claims have overcome each and every objection to the claims, 102/103 rejection of claims 1-15, 101 rejection, and 112 rejection previously set forth in the Non-Final Office Action mailed November 17, 2025. Applicant’s amendments to the claims necessitate new grounds of rejection, as described in the Response to Arguments and 102 and 103 Rejections below.
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 17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210076935 A1 (Copland, Richard J.).
Regarding claim 17, Copland teaches a method for spatially aligning an external measuring device with an implant in an eye of a user ([0052] “after the IOL has been implanted in the eye, aligning the measurement instrument, including the OCT interferometer, to the eye to be measured”) comprising:
detecting an alignment of a line of sight of the eye of the user relative to a main optical path of an external measuring device positioned near the eye of the user for measuring of an intraocular parameter obtained by the implant ([0052] “after the IOL has been implanted in the eye, aligning the measurement instrument, including the OCT interferometer, to the eye to be measured”);
tracking, using an optical instrument, a distance of the external measuring device, to the eye of a user ([0032] “reference path 1100 has a defined optical path length.”); and
determining, by one or more processors communicatively coupled to the external measuring device, based on the aligning and the tracking, whether the implant is aligned with the main optical path and the distance is optimal for measuring by the external measuring device ([0026] “provide pupil retro illumination using an optical path and optical componentry which is already present in the optical coherence tomographer of the instrument”).
Regarding claim 19, Copland teaches the method of claim 17 wherein alignment comprises:
detecting an alignment of the line of sight of the eye with one or more visual targets offset from the main optical path, and wherein when the line of sight is aligned with the one or more visual targets, the implant is aligned with the main optical path ([0108] “When the patient is looking directly into the instrument, with their line of sight aligned to the fixation target, the foveal pit will be in center of the OCT lateral scan. This information is beneficial in that it informs the instrument operator if the patient was looking directly at the target when the measurement was made.”).
Regarding claim 20, Copland teaches the method of claim 17 wherein the optical instrument is a camera, and tracking comprises tracking a pupil size and orientation by the camera to determine the distance ([0027]; [0124] “Regarding iris registration images, features that are available include the position, size and shape of the pupil, the position, size and shape of the outer iris boundary (OIB), salient iris features (landmarks) and other features as are determined to be needed. Using these techniques, both patient movement between measurements (and/or during a measurement sequence) can be identified, as well as changes in the eye itself (including those induced by the measurement, such as changes in the size of the pupil, changes in pupil location, etc.).”; [0139] “determining a plurality of eye characteristics after cataract surgery, comprising ocular biometry information, anterior corneal surface information, posterior corneal surface information, anterior lens surface information, and posterior lens surface information, lens tilt information and lens position information; calculating or measuring, based on a mathematical relationship, a distance from the apex to a plane of the intraocular lens after an ocular surgical procedure”).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over US 20210076935 A1 (Copland, Richard J.) in view of US 20210212601 A1 (Neal et al.)
Regarding claim 18, Copland teaches the method of claim 17 wherein detecting alignment comprises:
detecting a first alignment of the line of sight of the eye with a first target, a second target, and the main optical path using a mirror ([0090] “light from second light sources 132 is directed toward optical element 171 by third beamsplitter 176.”; [0108]; [0122] “In operation light from light source 152 is directed along second optical path 160 to first optical path 170 and is subsequently directed to eye 101 as described above. Light reflected from the iris of eye 101 is reflected back along first optical path 170 to detector 141.”); and
detecting a second alignment of the line of sight in which the line of sight is adjusted to align with a third target offset from the main optical path to spatially align the implant with the main optical path ([0092] “a third light source 152 providing a probe beam and a wavefront sensor 155”; [0095] “Accordingly, third light source 152 supplies a probe beam through a light source polarizing beam splitter 156 and polarizing beam splitter 162 to first beamsplitter 172 of optical system 170. First beamsplitter 172 directs the probe beam through aperture 114 to eye 101. Preferably, light from the probe beam is scattered from the retina of eye 100, and at least a portion of the scattered light passes back through aperture 114 to first beamsplitter 172. First beamsplitter 172 directs the back scattered light back through beam splitter 172 to polarizing beamsplitter 162, mirror 153 to wavefront sensor 155.”).
Copland does not explicitly teach a dichroic mirror.
However,
Neal teaches a dichroic mirror ([0029] “dichroic (beamsplitter) mirror (M1)”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the system taught by Copland to include a dichroic mirror. One would have been motivated to make this modification because a dichroic mirror is a beam splitter mirror, as suggested by Neal [0029], and Copland suggests using a beamsplitter to allow light to be highly reflective and reach the eye and the camera/detector to provide information about the structures in the eye [0027].
Claims 1-2, 4-11, 13-15, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210076935 A1 (Copland, Richard J.) in view of US 20240350254 A1 (Masch et al.).
Regarding claim 1, Copland teaches an alignment system ([0052] “after the IOL has been implanted in the eye, aligning the measurement instrument, including the OCT interferometer, to the eye to be measured”) comprising:
an intraocular implant configured to be implanted into the eye of a user ([0003] “implantation of an intraocular lens (IOL), and particularly a toric IOL, it is desired to be able to determine the orientation of the IOL, and particularly the angular orientation within the eye, for example to determine if the IOL has rotated from the desired angular orientation after surgery”; [0030] “an eye 101 under test which may include an implanted intraocular lens (IOL), for example a toric IOL.”);
an external measuring device configured to send the interrogation signal and configured to receive the intraocular parameters when aligned with the intraocular implant, the external measuring device comprising one or more visual targets and one or more mirrors operable to align a line of sight of the eye so that the intraocular implant is aligned with a main optical path of the external measuring device ([0030]; [0067] “Optical measurement system 1 may further include an iris imaging subsystem 40, a fixation target subsystem 50, a controller 60, including one or more processor(s) 61 and memory 62, a display 70 and an operator interface 80. Optical measurement system 1 further includes patient interface 4 for a subject to present his or her eye for measurement by optical measurement system 1.”; [0074] “shared optics 55 may comprise a number of optical elements, including mirrors, lenses and beam combiners to receive the emission from the respective subsystem to the patient's eye and, in some cases, to redirect the emission from a patient's eye along the common propagation path to an appropriate director.”; [0085]; [0108]).
Copland does not explicitly teach an intraocular implant configured to be implanted into an eye of a user, configured to monitor or measure intraocular parameters and configured to provide the intraocular parameters in response to an interrogation signal.
However,
Masch teaches an intraocular implant configured to be implanted into an eye of a user, configured to monitor or measure intraocular parameters ([0078] “an ophthalmic implant 10 in the form of an IOL 12 according to one exemplary embodiment, in which the marker element 14 has a data storage unit 14b. The data storage unit 14b in this case comprises a chip 16 on which in particular information in the form of electronic data is able to be stored electronically … The data stored in the chip 16 may in particular comprise information for the identification and/or characterization of the IOL 12. Furthermore, the antenna structure 18 may be arranged in and/or on the IOL such that it is optically detectable in a machine-based manner in the case of a dilated pupil and may be used to position and/or orient the IOL 12 relative to the patient's eye.”); and
configured to provide the intraocular parameters in response to an interrogation signal ([0079] “The information provided by the marker element enables new possibilities for computer-aided optimization of IOL positioning. In addition or as an alternative, the marker element may have one or more data storage units 14b each having at least one corresponding antenna structure 18 that are able to provide information about the position and/or alignment of the IOL”; [0085-0087]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention have modified the system taught by Copland to include a measurement and monitoring capabilities within the implant. One would have been motivated to make this modification because the electronic antenna structure allows information to be stored and enables the IOL to be detectable in a machine-based manner to orient the IOL, and the information allows for computer-aided optimization of IOL positioning, as suggested by Masch [0078-0079].
Regarding claim 2, Copland teaches the system of claim 1 wherein the one or more visual targets comprises a first target and a second target that are offset from the main optical path and operable to be co-aligned with the line of sight ([0122] “In operation light from light source 152 is directed along second optical path 160 to first optical path 170 and is subsequently directed to eye 101 as described above. Light reflected from the iris of eye 101 is reflected back along first optical path 170 to detector 141. In normal use, an operator will adjust a position or alignment of system 100 in XY and Z directions to align the patient according to the image detector array 141.”), and the one or more mirrors comprises a first mirror operable to fold the line of sight and a second mirror operable to combine the line of sight with the main optical path ([0074] “In many embodiments, shared optics 55 may comprise a number of optical elements, including mirrors, lenses and beam combiners to receive the emission from the respective subsystem to the patient's eye and, in some cases, to redirect the emission from a patient's eye along the common propagation path to an appropriate director.”).
Regarding claim 4, Copland teaches the system of claim 1 wherein the one or more visual targets comprises an object and an aperture vertically offset from the main optical path ([0099] “The focused spot of light becomes a light source that is used to characterize eye 101 with wavefront sensor 155”; “The light then travels through aperture 114 in principal surface 112 of structure 110”; [0028]), and is configured to align the line of sight with the aperture and the object to align the intraocular implant with the main optical path ([0078] “The shared optics generally comprise one or more components of a first optical system 170 disposed along a central axis 102 passing through the opening or aperture 114 of the structure 110. First optical system 170 directs light from the various light sources along the central axis 102 towards an eye 101 and establishes a shared or common optical path along which the light from the various light sources travel to eye 101. In one embodiment, optical system 170 comprises a quarter wave plate 171, a first beamsplitter 172, a second beamsplitter 173, an optical element (e.g., a lens) 174, a second lens 175, a third beamsplitter 176, and a structure including an aperture 178.”).
Regarding claim 5, Copland teaches the system of claim 1 wherein aligning the line of sight comprises a first alignment in which the line of sight is aligned with the main optical path ([0037] “Sample path 1200 is configured to receive a first portion of the laser light from swept laser light source 1010 via first fiber splitter 1020, to direct the first portion of the laser light to eye 101”), and a second alignment in which the line of sight is aligned with a second target offset from the main optical path so that the intraocular implant is aligned with the main optical path ([0122] “In operation light from light source 152 is directed along second optical path 160 to first optical path 170 and is subsequently directed to eye 101 as described above. Light reflected from the iris of eye 101 is reflected back along first optical path 170 to detector 141.”; [0108] “When the patient is looking directly into the instrument, with their line of sight aligned to the fixation target, the foveal pit will be in center of the OCT lateral scan.”).
Regarding claim 6, Copland teaches the system of claim 1 wherein the external measuring device further comprises a distance determining mechanism configured to detect an optimal distance between the eye and the external measuring device ([0139] “a distance from the apex to a plane of the intraocular lens after an ocular surgical procedure; calculating an optical power of the intraocular lens suitable for providing a predetermined refractive outcome; wherein a mathematical relationship is found between the preoperative and postoperative eye characteristics that accurately predict the measured distance from the apex to the plane where the intraocular lens is.).
Regarding claim 7, Copland teaches the system of claim 6 wherein the distance determining mechanism comprises a camera which is configured to track a size or orientation of a pupil of the eye to determine the distance ([0027]; [0124] “Regarding iris registration images, features that are available include the position, size and shape of the pupil, the position, size and shape of the outer iris boundary (OIB), salient iris features (landmarks) and other features as are determined to be needed. Using these techniques, both patient movement between measurements (and/or during a measurement sequence) can be identified, as well as changes in the eye itself (including those induced by the measurement, such as changes in the size of the pupil, changes in pupil location, etc.).”; [0139] “determining a plurality of eye characteristics after cataract surgery, comprising ocular biometry information, anterior corneal surface information, posterior corneal surface information, anterior lens surface information, and posterior lens surface information, lens tilt information and lens position information; calculating or measuring, based on a mathematical relationship, a distance from the apex to a plane of the intraocular lens after an ocular surgical procedure”).
Regarding claim 8, Copland teaches the system of claim 6 wherein the distance determining mechanism comprises a computerized mechanism that implements a computer vision algorithm to determine the distance ([0056] “a processor may employ feature recognition or pattern recognition software algorithm to detect the locations of the locations of fiducials on the implanted IOL in the captured image.”; [0144]).
Regarding claim 9, Copland teaches a system ([0052] “after the IOL has been implanted in the eye, aligning the measurement instrument, including the OCT interferometer, to the eye to be measured”) comprising:
an intraocular implant configured to be implanted into an eye of a user ([0003] “implantation of an intraocular lens (IOL), and particularly a toric IOL, it is desired to be able to determine the orientation of the IOL, and particularly the angular orientation within the eye, for example to determine if the IOL has rotated from the desired angular orientation after surgery”; [0030] “an eye 101 under test which may include an implanted intraocular lens (IOL), for example a toric IOL.”),
an external measuring device configured to send the interrogation signal and configured to receive the intraocular parameters when aligned with the intraocular implant ([0067] “Optical measurement system 1 may further include an iris imaging subsystem 40, a fixation target subsystem 50, a controller 60, including one or more processor(s) 61 and memory 62, a display 70 and an operator interface 80. Optical measurement system 1 further includes patient interface 4 for a subject to present his or her eye for measurement by optical measurement system 1.”; [0074] “shared optics 55 may comprise a number of optical elements, including mirrors, lenses and beam combiners to receive the emission from the respective subsystem to the patient's eye and, in some cases, to redirect the emission from a patient's eye along the common propagation path to an appropriate director.”); and
one or more processors communicatively coupled to the external measuring device ([0067] “Optical measurement system 1 may further include an iris imaging subsystem 40, a fixation target subsystem 50, a controller 60, including one or more processor(s) 61 and memory 62, a display 70 and an operator interface 80”) and configured to:
receive alignment data indicating an alignment of the eye relative to a main optical path of the external measuring device ([0052] “operation 2010 includes, at some time after the IOL has been implanted in the eye, aligning the measurement instrument, including the OCT interferometer, to the eye to be measured.”);
receive distance data indicating a distance of the external measuring device to the eye ([0032] “reference path 1100 has a defined optical path length.”); and
determine, based on the alignment data and the distance data, whether the external measuring device is spatially aligned with the intraocular implant ([0026] “provide pupil retro illumination using an optical path and optical componentry which is already present in the optical coherence tomographer of the instrument”).
Copland does not explicitly teach configured to monitor intraocular parameters, and configured to provide the intraocular parameters in response to an interrogation signal.
However,
Masch teaches an intraocular implant configured to be implanted into an eye of a user, configured to monitor or measure intraocular parameters ([0078] “an ophthalmic implant 10 in the form of an IOL 12 according to one exemplary embodiment, in which the marker element 14 has a data storage unit 14b. The data storage unit 14b in this case comprises a chip 16 on which in particular information in the form of electronic data is able to be stored electronically … The data stored in the chip 16 may in particular comprise information for the identification and/or characterization of the IOL 12. Furthermore, the antenna structure 18 may be arranged in and/or on the IOL such that it is optically detectable in a machine-based manner in the case of a dilated pupil and may be used to position and/or orient the IOL 12 relative to the patient's eye.”); and
configured to provide the intraocular parameters in response to an interrogation signal ([0079] “The information provided by the marker element enables new possibilities for computer-aided optimization of IOL positioning. In addition or as an alternative, the marker element may have one or more data storage units 14b each having at least one corresponding antenna structure 18 that are able to provide information about the position and/or alignment of the IOL”; [0085-0087]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention have modified the system taught by Copland to include a measurement and monitoring capabilities within the implant. One would have been motivated to make this modification because the electronic antenna structure allows information to be stored and enables the IOL to be detectable in a machine-based manner to orient the IOL, and the information allows for computer-aided optimization of IOL positioning, as suggested by Masch [0078-0079].
Regarding claim 10, Copland teaches the system of claim 9 wherein the external measuring device further comprises one or more visual targets and one or more mirrors operable to align a line of sight of the eye such that the intraocular implant is aligned with the main optical path ([0074] “fixation target subsystem”; “mirrors”; [0108] “When the patient is looking directly into the instrument, with their line of sight aligned to the fixation target, the foveal pit will be in center of the OCT lateral scan”; [0125]).
Regarding claim 11, Copland teaches the system of claim 10 wherein the one or more visual targets comprises a first target and a second target that are offset from the main optical path and operable to be co-aligned with the line of sight ([0122] “In operation light from light source 152 is directed along second optical path 160 to first optical path 170 and is subsequently directed to eye 101 as described above. Light reflected from the iris of eye 101 is reflected back along first optical path 170 to detector 141. In normal use, an operator will adjust a position or alignment of system 100 in XY and Z directions to align the patient according to the image detector array 141.”), and the one or more mirrors comprises a first mirror operable to fold the line of sight and a second mirror operable to combine the line of sight with the main optical path ([0074] “In many embodiments, shared optics 55 may comprise a number of optical elements, including mirrors, lenses and beam combiners to receive the emission from the respective subsystem to the patient's eye and, in some cases, to redirect the emission from a patient's eye along the common propagation path to an appropriate director.”).
Regarding claim 13, Copland teaches the system of claim 9 wherein the alignment is a first alignment indicating a line of sight of the eye is aligned with the main optical path ([0037] “Sample path 1200 is configured to receive a first portion of the laser light from swept laser light source 1010 via first fiber splitter 1020, to direct the first portion of the laser light to eye 101”), and the alignment data further comprises a second alignment indicating the line of sight is aligned with a second target offset from the main optical path, and wherein aligning the line of sight with the second target aligns the intraocular implant with the main optical path ([0122] “In operation light from light source 152 is directed along second optical path 160 to first optical path 170 and is subsequently directed to eye 101 as described above. Light reflected from the iris of eye 101 is reflected back along first optical path 170 to detector 141.”; [0108] “When the patient is looking directly into the instrument, with their line of sight aligned to the fixation target, the foveal pit will be in center of the OCT lateral scan.”).
Regarding claim 14, Copland teaches the system of claim 9 wherein the distance data is configured to indicate a distance between a pupil of the eye and the external measuring device, and the one or more processors determines whether the distance is optimal for measuring by the external measuring device ([0124] “Regarding iris registration images, features that are available include the position, size and shape of the pupil, the position, size and shape of the outer iris boundary (OIB), salient iris features (landmarks) and other features as are determined to be needed. Using these techniques, both patient movement between measurements (and/or during a measurement sequence) can be identified, as well as changes in the eye itself (including those induced by the measurement, such as changes in the size of the pupil, changes in pupil location, etc.).”; [0139] “determining a plurality of eye characteristics after cataract surgery, comprising ocular biometry information, anterior corneal surface information, posterior corneal surface information, anterior lens surface information, and posterior lens surface information, lens tilt information and lens position information; calculating or measuring, based on a mathematical relationship, a distance from the apex to a plane of the intraocular lens after an ocular surgical procedure”).
Regarding claim 15, Copland teaches the system of claim 14 wherein the external measuring device comprises a plurality of visual targets having different sizes, and the plurality of visual targets are configured to appear to have a same size when the distance between the pupil and the external measuring device is optimal for measuring ([0098] “Preferably, the beam diameter on the cornea is between 1 and 2 mm. Then the light travels through the cornea and focuses onto the retina of eye 101.”).
Regarding claim 21, Copland teaches the method of claim 17.
Copland does not explicitly teach wherein the implant is an electronic implant.
However,
Masch teaches wherein the implant is an electronic implant ([0078] “The data storage unit 14b furthermore has an antenna structure 18 that is connected to the chip 16”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention have modified the method taught by Copland to include an electronic implant. One would have been motivated to make this modification because the electronic antenna structure allows information to be stored and enables the IOL to be detectable in a machine-based manner to orient the IOL, as suggested by Masch [0078].
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210076935 A1 (Copland, Richard J.) in view of US 20240350254 A1 (Masch et al.), further in view of US 20210212601 A1 (Neal et al.)
Regarding claim 3, Copland teaches the system of claim 1 wherein the one or more mirrors comprises a mirror aligned with the main optical path and wherein the one or more visual targets comprises an aperture configured to be aligned with the main optical path and a reflection of a pupil of eye of the user through the aperture by the mirror ([0028] “move the OCT scan mirror in a pattern that causes the spot to move on the retina, and that causes the entire pupil to fill in with light over time even when the aperture is left in place”; [0078] “The shared optics generally comprise one or more components of a first optical system 170 disposed along a central axis 102 passing through the opening or aperture 114 of the structure 110. First optical system 170 directs light from the various light sources along the central axis 102 towards an eye 101 and establishes a shared or common optical path along which the light from the various light sources travel to eye 101. In one embodiment, optical system 170 comprises a quarter wave plate 171, a first beamsplitter 172, a second beamsplitter 173, an optical element (e.g., a lens) 174, a second lens 175, a third beamsplitter 176, and a structure including an aperture 178. Additional optical systems may be used in assembly 100 to direct light beams from one or more light sources to the first optical system 170.”).
Copland does not explicitly teach a dichroic mirror.
However,
Neal teaches a dichroic mirror ([0029] “dichroic (beamsplitter) mirror (M1)”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the system taught by Copland to include a dichroic mirror. One would have been motivated to make this modification because a dichroic mirror is a beam splitter mirror, as suggested by Neal [0029], and Copland suggests using a beamsplitter to allow light to be highly reflective and reach the eye and the camera/detector to provide information about the structures in the eye [0027].
Regarding claim 12, Copland teaches the system of claim 10 wherein the one or more mirrors comprises a mirror aligned with the main optical path and wherein the one or more visual targets comprises an aperture configured to be aligned with the main optical path and a pupil of the eye of the user reflected by the mirror through the aperture ([0028] “move the OCT scan mirror in a pattern that causes the spot to move on the retina, and that causes the entire pupil to fill in with light over time even when the aperture is left in place”; [0078] “The shared optics generally comprise one or more components of a first optical system 170 disposed along a central axis 102 passing through the opening or aperture 114 of the structure 110. First optical system 170 directs light from the various light sources along the central axis 102 towards an eye 101 and establishes a shared or common optical path along which the light from the various light sources travel to eye 101. In one embodiment, optical system 170 comprises a quarter wave plate 171, a first beamsplitter 172, a second beamsplitter 173, an optical element (e.g., a lens) 174, a second lens 175, a third beamsplitter 176, and a structure including an aperture 178. Additional optical systems may be used in assembly 100 to direct light beams from one or more light sources to the first optical system 170.”).
Copland does not explicitly teach a dichroic mirror.
However,
Neal teaches a dichroic mirror ([0029] “dichroic (beamsplitter) mirror (M1)”.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the system taught by Copland to include a dichroic mirror. One would have been motivated to make this modification because a dichroic mirror is a beam splitter mirror, as suggested by Neal [0029], and Copland suggests using a beamsplitter to allow light to be highly reflective and reach the eye and the camera/detector to provide information about the structures in the eye [0027].
Response to Arguments
Applicant's arguments filed February 16, 2026 have been fully considered but they are not persuasive. With respect to the 102/103 Rejections in the Non-Final Office Action (See Pages 7-10 Applicant’s Response), Applicant states that Copland discloses that the external measurement instrument and not the implant is configured to monitor or measure the orientation of the IOL, and Copland fails to disclose that the measurement instrument could be part of the IOL and that the IOL does not contain electronic components.
There are new grounds of claim rejections that were necessitated by the claim amendments of claims 1 and 9.
Masch teaches that the implant contains electronic components capable of characterizing the IOL to position the IOL in the patient’s eye [0078]. This device is analogous to the IOL taught by Copland, and it would be obvious to incorporate the electronic capabilities into the IOL of Copland in manner of the implant taught by Masch.
Regarding claim 17, Applicant argues that Copland does not teach an intraocular parameter obtained by the implant. MPEP § 2111 discusses proper claim interpretation, including giving claims their broadest reasonable interpretation in light of the specification during examination. Under broadest reasonable interpretation (BRI), the words of a claim must be given their plain meaning unless such meaning is inconsistent with the specification, and it is improper to import claim limitations from the specification into the claim. The requirements for anticipation are discussed in MPEP § 2131. The claim does not specify what type of intraocular parameter is gathered or any structure of the implant. Claim 17 recites “an external measuring device positioned near the eye of the under for measuring of an intraocular parameter obtained by the implant”. As written, the measurement of the parameter is performed by the external measuring device, described as the measurement instrument in [0052] of Copland. Under BRI, the intraocular parameter may be any parameter or measurement related to the eye, and “obtained by the implant” may be any measurement that is gathered as a result of or provided by the implant. As described in [0052], once the IOL is implanted, the eye is measured, which is an intraocular parameter under BRI, based on the alignment with the implant, meaning that the implant provides alignment allowing for the measurement. Therefore, Copland teaches the limitations of claim 17 as written under BRI.
Claims 2-8, 10-15, and 18-21 are rejected because the rejections of claims 1, 9, and 17 are proper and the prior art teaches or suggests all the features of these claims for the reasons described in the 102 and 103 Rejections.
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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/EVELYN GRACE PARK/Examiner, Art Unit 3791
/TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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