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 Arguments
Applicant’s arguments 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.
Applicant argues:
At p. 7 para 3 to 4 that “…LeBlanc does not disclose at least a liquid lens and an artificial cornea, which necessarily follows that LeBlanc does not disclose the above limitations. The other references fail to supply what Lee and LeBlanc lack…”
Examiner response:
The examiner respectfully disagrees. Lee already teaches the beam splitter (fig. 1 the element between L1 and AP). The reference of LeBlanc was used to disclose explicitly “a beam splitter having a polarization function that passes p-polarized light of the light source that has passed through the first lens and reflects s- polarized light”. Thus, LeBlanc is appropriate to combine with Lee.
Claim Rejections - 35 USC § 103
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 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.
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(s) 1, 2, 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, Chang Su, and Ho Sik Hwang. "Analysis of autofocusing evaluation functions of intraocular lens." Journal of Institute of Control, Robotics and Systems 23.9 (2017): 758-763 (hereinafter Lee), in view of LeBlanc; R. et al., US 20070146635 A1 (hereinafter LeBlanc), in view of Alba-Bueno, Francisco, et al. "Patient-perceived and laboratory-measured halos associated with diffractive bifocal and trifocal intraocular lenses." Current eye research 43.1 (2018): 35-42 (hereinafter Bueno), in view of Johansson; G. et al., US8668338B2 (hereinafter Johansson), and further in view of DE 102016209720 A1 (hereinafter Messner).
Regarding claim 1, Lee teaches a defocus curve measuring apparatus for a multifocal intraocular lens, comprising: a light source that emits light (p. 2 fig. 1 element FL) that passes through a target image for focusing (fig. 1 element “US Air Force resolution target”); a first lens that infinitely refracts a focus when the light passes through the first lens (fig. 1 element L1); an intraocular lens module that refracts the light passed through the beam splitter, thereby determining the focus (fig. 1 element “IOL, intraocular lens”); a camera that captures an image after the light reflected from a retina passes through the intraocular lens module (fig. 1 element “PC, pupil camera”).
Lee does not teach a beam splitter (note that Lee teaches a beam splitter, which is between L1 and AP in fig. 1) having a polarization function that passes p-polarized light of the light passed through the first lens and reflects s-polarized light; an artificial cornea; an aperture; and a liquid lens with variable focus disposed between the intraocular lens module and the beam splitter, wherein the beam splitter, the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order.
Lee does not explicitly disclose a beam splitter having a polarization function that passes p-polarized light of the light source that has passed through the first lens and reflects s- polarized light.
LeBlanc, from the same field of endeavor as Lee, discloses a beam splitter (fig. 6 element 44’; this is discussed in para [0043]; note that Lee teaches a beam splitter, which is between L1 and AP in fig. 1) having a polarization function that passes p-polarized light of the light source that has passed through the first lens and reflects s- polarized light (this is discussed in para [0043]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of LeBlanc to Lee to have a beam splitter having a polarization function that passes p-polarized light of the light source that has passed through the first lens and reflects s- polarized light in order for the image to have an image with high signal-to-noise ratio (para [0043] last sentence).
Lee, when modified by LeBlanc, does not teach an artificial cornea; an aperture; and a liquid lens with variable focus disposed between the intraocular lens module and the beam splitter, wherein the beam splitter, the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order.
Bueno, from the same field of endeavor as Lee, teaches an artificial cornea disposed between the intraocular lens module and the beam splitter (the artificial cornea is shown in fig. 1, replacing the IOL with artificial cornea of Bueno to Lee will yield the limitation “an artificial cornea disposed between the intraocular lens module and the beam splitter”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Bueno to Lee, when modified by Le Blanc, to have teaches an artificial cornea disposed between the intraocular lens module and the beam splitter in order to induce a similar amount of spherical aberration in the IOL plane as the average human cornea (p. 4 col 1 last para lines 4-6).
Lee, when modified by LeBlanc and Bueno, fails to teach an aperture; and a liquid lens with variable focus disposed between the intraocular lens module and the beam splitter, wherein the beam splitter, the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order.
Johansson, from the same field of endeavor as Lee, teaches a liquid lens with variable focus disposed between the intraocular lens module and the beam splitter (col 3 lines 49-53; fig. 3 elements 304 and 305 shows this liquid lens has a variable focus; note that the eye 102 in fig. 1 corresponds to the intraocular lens and artificial cornea).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Johansson to Lee, when modified by LeBlanc and Bueno, to have a liquid lens with variable focus disposed between the intraocular lens module and the beam splitter in order to increase the reliability of the visual field test (col 1 lines 15-20).
Lee, when modified by LeBlanc, Bueno, and Johansson, does not teach an aperture, wherein the beam splitter, the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order.
Messner, from the same field of endeavor as Lee, teaches an aperture (fig. 1 element 8, p. 3 para 13, this aperture is in front of the intraocular lens).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Messner to Lee, when modified by LeBlanc, Bueno, and Johansson, when modified by LeBlanc and Bueno, to have an aperture in order to limit the light beam going through the intraocular lens (p. 2 para 13).
The limitation wherein the beam splitter, the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order is the combination of Messner, Bueno, and Johnson. The combination of Messner, Bueno, and Johnson teaches the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order and replacing the element IOL of Lee with the combination of Messner, Bueno, and Johnson discloses the limitation wherein the beam splitter, the liquid lens, the artificial cornea, the aperture, and the intraocular lens module are arranged in this order.
Regarding claim 2, Lee teaches the defocus curve measuring apparatus of claim 1, wherein the light source and the target image are movably installed (the light source and the target image are installed on an optical test-bench; thus, its position can be adjusted as shown in fig. 2).
Regarding claim 5, Lee does not teach the defocus curve measuring apparatus of claim 1, wherein a second lens is disposed between the beam splitter and the camera.
LeBlanc, from the same field of endeavor as Lee, discloses the defocus curve measuring apparatus of claim 1, wherein a second lens is disposed between the beam splitter and the camera (fig. 6 camera lens 53’; para [0043] line 17).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of LeBlanc to Lee to have the defocus curve measuring apparatus of claim 1, wherein a second lens is disposed between the beam splitter and the camera in order to focus the light to the detector.
Regarding claim 6, Lee teaches the defocus curve measuring apparatus of claim 1, wherein the intraocular lens module and the retina are disposed such that a distance between the intraocular lens module and the retina is adjusted (the intraocular lens module and the retina are installed on an optical test-bench, thus, its position can be adjusted as shown in fig. 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of LeBlanc, Bueno, Johansson, and Messner, as applied to claim(s) 1 above, and in view of Carson, Daniel, et al. "Optical bench performance of AcrySof® IQ ReSTOR®, AT LISA® tri, and FineVision® intraocular lenses." Clinical Ophthalmology (2014): 2105-2113 (hereinafter Carson).
Regarding claim 3, the modified device of Lee does not teach the defocus curve measuring apparatus of claim 1, wherein the first lens is a badal lens.
Carson, from the same field of endeavor as Lee, teaches the defocus curve measuring apparatus for a multifocal intraocular lens of claim 1, wherein the first lens is a badal lens (this is shown in fig. 1).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of LeBlanc to Lee to have a beam splitter having a polarization function that passes p-polarized light of the light source that has passed through the first lens and reflects s- polarized light in order to allow viewing of visual targets at near, intermediate, and infinite distances without affecting image magnification (p. 3 col 2 para 5 lines 3-5).
Claim(s) 9, 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of LeBlanc, Bueno, Johansson, and Messner, as applied to claim(s) 1 above, and in view of Hwang, H., KR102153451B1(hereinafter Hwang).
Regarding claim 9, the modified device of Lee does not teach the defocus curve measuring apparatus of claim 1, wherein the intraocular lens module comprises: a main body having a through hole; an intraocular lens mounted and fixed inside the through hole; a window member made of a transparent material and fixed at upper and lower ends of the through hole such that an inside of the through hole is sealed; a fixing part that fixes a position of the intraocular lens; and an aqueous liquid filled inside the through hole. Regarding claim 10, the modified device of Lee does not teach the defocus curve measuring apparatus of claim 9, the through hole has a circular-section, and a central axis of the intraocular lens is disposed on a central axis of the through hole. Regarding claim 11, the modified device of Lee does not teach the defocus curve measuring apparatus of claim 9, wherein the fixing part comprises an upper fixing adapter and a lower fixing adapter installed on upper and lower parts of the intraocular lens to fix the intraocular lens at a certain height inside the through hole, and an assembling jaw having a reduced diameter at a lower end of the through hole, and the lower fixing adapter, the intraocular lens, and the upper fixing adapter are sequentially stacked over the assembling jaw.
Hwang, from the same field of endeavor as Lee, teaches the defocus curve measuring apparatus of claim 1, wherein the intraocular lens module comprises: “a main body having a through hole” (fig. 6 para [0041]); “an intraocular lens mounted and fixed inside the through hole” (fig. 6 para [0041]); “a window member made of a transparent material and fixed at upper and lower ends of the through hole such that an inside of the through hole is sealed” (fig. 6 para [0042]); “a fixing part that fixes the position of the intraocular lens” (para [0044]); and “an aqueous liquid filled inside the through hole” (para [0047]), “the defocus curve measuring apparatus of claim 9, wherein the through hole has a circular cross-section, and a central axis of the intraocular lens is disposed on a central axis of the through hole” (para [0007-8]), and the defocus curve measuring apparatus of claim 9, “wherein the fixing part comprises an upper fixing adapter and a lower fixing adapter installed on upper and lower parts of the intraocular lens to fix the intraocular lens at a certain height inside the through hole” (para [0009]), and “an assembling jaw having a reduced diameter is formed at a lower end of the through hole” (para [0010]), and “the lower fixing adapter, the intraocular lens, and the upper fixing adapter are sequentially stacked over the assembling jaw” (para [0010]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to apply the teaching of Hwang to the modified device of Lee to have the defocus curve measuring apparatus of claim 1, wherein the intraocular lens module comprises: a main body having a through hole; an intraocular lens mounted and fixed inside the through hole; a window member made of a transparent material and fixed at upper and lower ends of the through hole such that an inside of the through hole is sealed; a fixing part that fixes a position of the intraocular lens; and an aqueous liquid filled inside the through hole, the modified device of Lee does not teach the defocus curve measuring apparatus of claim 9, the through hole has a circular-section, and a central axis of the intraocular lens is disposed on a central axis of the through hole, and the defocus curve measuring apparatus of claim 9, wherein the fixing part comprises an upper fixing adapter and a lower fixing adapter installed on upper and lower parts of the intraocular lens to fix the intraocular lens at a certain height inside the through hole, and an assembling jaw having a reduced diameter at a lower end of the through hole, and the lower fixing adapter, the intraocular lens, and the upper fixing adapter are sequentially stacked over the assembling jaw in order to simulate how patients can see the world and a mobile model eye device using the same (para [0005]).
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 ROBERTO FABIAN JR whose telephone number is (571)272-3632. The examiner can normally be reached M-F (8-12, 1-5).
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/ROBERTO FABIAN JR/Examiner, Art Unit 2877
/Kara E. Geisel/Supervisory Patent Examiner, Art Unit 2877