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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph 0057, fifth line, “a… haptics” lacks proper grammatical syntax. In paragraph 0059, fourth line, “such as a by rolling” lacks proper syntax. In paragraphs 0078, 0080, and 0082, fourth line of each, “posterior (1-2mm) posterior” lacks proper syntax. In paragraph 0084, first line, “an a” lacks proper syntax. In paragraph 0091, eighth line, “circuitry” is misspelled. In paragraphs 0092 and 0108, fifth line of each, “silicon” should read --silicone--; attention is directed to the fifth line of paragraph 0118 for comparison purposes. In paragraph 0102, seventh line, “in”, second occurrence, should apparently be --an--. In paragraph 0104, the sentence on the second and third lines is an incomplete one. In paragraph 0109, second to last line, “1530” should be --1630--. In paragraph 0117, twelfth line, there should be a space after the period; on the thirteenth line, “the any” lacks proper syntax; on the eighteenth line, “the”, third occurrence, should be omitted. In paragraph 0118, last line, “bar” should be --bag--. In paragraph 0120, fifth and sixth lines, “that movably connected” lacks proper syntax. In paragraph 0121, fourth to last line, there should be a space after the period. In paragraph 0122, second to last line, “the from a” lacks proper syntax. In paragraph 0123, sixth line, “that movably connected” lacks proper syntax. In paragraph 0130, seventh line, --is-- should be inserted after “2100”, first occurrence. In paragraph 0137, fourth line, “a haptics 2315 that is” lacks proper syntax. In paragraph 0138, fourth line, “system are” lacks proper syntax. In paragraph 0140, fifth line, “haptics 2415a-f that is” lacks proper syntax. In paragraph 0141, fourth line, “system are” lacks proper syntax. Appropriate correction is required.
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 1-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Wiemer et al., US 2021/0290440 A1, which discloses an electronic intraocular device comprising an imaging system that receives visible light incoming to an eye (Figures 12B, 13A-13C; abstract; paragraphs 0031, 0034, 0052, 0078), a projection system that generates and projects onto a retina an image based on the received visible light (Figures 1C, 4, 9-10, 11A-11B, 12B, 13A-13C; paragraphs 0033, 0052, 0055+, 0071+, 0078), and one or more haptics including electronic components and movable relative to a central portion of the device for effecting collapsed and expanded configurations (Figures 1C, 3, 6, 7A, 8A-8B; paragraphs 0045-0046, 0051, 0053-0054).
Regarding claims 2-4, the haptics electronics may comprise an inductive charging coil and a wireless communication antenna (Figures 1C, 3, 7A, 8A, 11A-11B, 12B; paragraphs 0032, 0046). Regarding claims 5-6, the haptics may be pivotally and flexibly connected to the central portion (Figures 3, 8A-8B; paragraphs 0045-0046, 0053-0054). Regarding claims 7 and 14-16, the electronic components extend continuously through the haptics and the central portion (Figures 3, 7A; paragraphs 0041, 0046) and maintain their electrical continuity when transitioning between collapsed and expanded configurations during implantation (Figures 6, 8B; paragraphs 0045, 0047, 0049, 0051, 0053-0054). Regarding claim 8, the imaging and projection systems are in the central portion (Figures 1C, 2A-2B, 3-5, 7A-7B, 11A-11B, 12B, 13A-13C; paragraphs 0033, 0040, 0044, 0047, 0071+). Regarding claims 9-11, power source and control circuitry may be integrated with the imaging and projection systems or be separate from said systems (paragraphs 0032, 0041, 0044, 0053). Regarding claim 13, the projector array (e.g., Figure 11B; paragraph 0074) involves light generation panels 940 and microlenses 950, 960 (Figures 9-10; paragraphs 0055+), under the general definition of the term “lens”.
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.
Claims 12 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wiemer et al., US 2021/0290440 A1. Regarding claim 12, phased arrays were well-known in the art at the effective filing date of the present invention and would have been obvious variants on the projector systems of Figures 11A and 11B in order to simplify manufacture relative to the embodiment of Figures 9-10 (paragraphs 0055-0069) and in order to circumvent the need to reposition optical elements, with Wiemer et al. being open to other types of optical projection systems (paragraphs 0056, 0062, 0070). Regarding claims 17-20, causing an array to project diagnostic images on different retinal locations and optimizing with artificial intelligence a mapping of functional and non-functional areas based on patient feedback would have been obvious so as “to project images away from scotomas or damaged areas of the retina” (paragraph 0073), with femto-imagers 730, 1830, 1930 being used to capture images and help monitor and diagnose the retina (Figures 7A-7B, 18-19; abstract; paragraphs 0052, 0112-0113, 0119, 0121) and artificial intelligence being “trained to examine images automatically” and “identify subtle indications of retinal diseases long before a human doctor” (paragraph 0116).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Thomas Barrett can be reached at telephone number 571-272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID H WILLSE/ Primary Examiner, Art Unit 3774