DETAILED ACTION
This is a non-final rejection in response to application filed 10/6/23. Claims 1-11 are currently pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 6 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the first diameter of the sleeve's insertion portion”. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this diameter is the same as the “a diameter of the insertion portion” which is in claim 2 but not dependent on.
Claim 6 recites the limitation " the second diameter of the compressible portion”. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this diameter is the same as the “a diameter of the compressible portion” which is in claim 2 but not dependent on.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boukhny et al. (US5645530) .
Regarding independent claim 1 and 8 and dependent claim 2, Boukhny teaches an ophthalmic surgical instrument comprising: a needle 16 for insertion into an incision in an eye (col 1, ll. 7-20); a generator of ultrasonic energy attached to the needle for supplying the ultrasonic energy to the needle to emulsify tissue within the eye (col 1, ll. 7-20); and a sleeve 12 surrounding at least a portion of the needle, the sleeve including a distal insertion portion for supplying infusion fluid into the eye and a compressible portion 12 for sealing the incision in the eye by pushing against an exterior surface of the eye at the incision (col. 1, ll. 37-39, col. 2, ll. 49-66). Boukhny further teaches wherein a diameter of the insertion portion 18 of the sleeve is smaller than a diameter of the compressible portion of the sleeve (see fig. 1).
Regarding dependent claim 3 and 10, Boukhny teaches wherein the compressible portion of the sleeve includes a flange 20,21 at a distal end of the compressible portion to enhance the seal at the incision.
Regarding dependent claim 4 and 11, Boukhny teaches wherein the first diameter of the sleeve's insertion portion is sized to be inserted through the incision and does not seal the incision of the eye (see claim 1).
Regarding dependent claim 5 and 9, Boukhny teaches wherein the insertion portion of the sleeve includes at least one infusion port for supplying the infusion fluid into the eye (see claim 8, and col. 2, ll. 49-60).
Regarding dependent claim 6, Boukhny teaches wherein the second diameter of the compressible portion is configured to remain external to the eye during surgery (as seen in figure 1, see flanges 20 and 21).
Regarding dependent claim 7, Boukhny teaches wherein the sleeve is configured to allow the needle to move within the eye independent of the sleeve (col. 1, ll. 24-48).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CRAIG SANG KIM whose telephone number is (571)270-1418. The examiner can normally be reached 7:00 AM - 3:00 PM.
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/CRAIG KIM/
Primary Examiner
Art Unit 3741