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 .
Priority
This application claims priority from foreign application EP22195652.7 filed 09/14/2022.
Status of Claims
Claims 1-4 and 6-12 are pending.
Claim 5 have been cancelled.
Election/Restrictions
Applicant’s election without traverse of Species 1 (Figures 1-3), Species B (Both Haptics are colored), and Species II (Both Tabs are colored) in the reply filed on 04/02/2026 is acknowledged.
Information Disclosure Statement
The Information Disclosure Statement filed on 09/07/2023 has been considered by the examiner.
Specification
The abstract of the disclosure is objected to because it falls short of the 50 word minimum and is not descriptive enough. Correction is required. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
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.
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, 3, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poler USPN 4,434,515.
1. Poler discloses an intraocular lens (Figure 9) capable of posterior chamber sutureless scleral fixation (this is considered an intended use limitation and given limited weight, accordingly the IOL of Poler is fully capable of being inserted in the same manner as the applicant’s invention because it has a similar size and shape), comprising an optic plate (41) and two haptics (45-48), each haptic of said two haptics having, at its extremity, a respective plug (45f/46f/47f/48f) for anchoring to the sclera (2:20-25), each plug bearing a hole (45d/46d/47d/48d);
wherein the intraocular lens , further comprises a tab (54/54’) realized as an extension of a corresponding plug (the tabs extend inward from the plugs), each tab bearing a respective hole (52/52’/53/53’).
3. Poler discloses said plugs are flexible (5:60-6:3).
4. Poler discloses two tabs (54/54’).
.
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(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over A Novel Intraocular Lens Designed for Sutureless Scleral Fixation: Surgical Series (Carlevale, Published 06/11/2020, Cited in the applicant’s IDS) in view of Poler.
1. Carlevale discloses the invention substantially as claimed being an intraocular lens (Figures A/B) capable of posterior chamber sutureless scleral fixation (Lens design p. 258), comprising an optic plate (Figures A/B) and two haptics (thin struts top and bottom of Figures A/B), each haptic of said two haptics having, at its extremity, a respective plug (upper most and lower most T-shaped portions Figures A/B) for anchoring to the sclera (Lens design p. 258),
wherein the intraocular lens, further comprises a tab (skinny middle two struts extending up/down from the curved strut at the base of the T shaped plug) realized as an extension of a corresponding plug (Figures A/B).
However, Carlevale does not disclose each plug bearing a hole and each tab bearing a respective hole
Poler teaches the use of an intraocular lens (Figure9) comprising a plate with two haptics 47a-c/48a-e each including a plug 47c with a bearing hole 47d and a tab 54/54’ with a hole 52/53 in the same field of endeavor for the purpose of lightening the frame, increasing flexibility, tool engagement, and allowing for attachment through ingrowth.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to combine the holes taught by Poler with the plugs and tabs of Carlevale in order to lightening the frame, increasing flexibility, tool engagement, and allowing for attachment through ingrowth.
2. Carlevale discloses said plugs are T-shaped (Figure A).
3. Carlevale discloses said plugs are flexible (Lens design discloses they are foldable which means they must be flexible p. 258).
4. Carlevale discloses two tabs (there are two tabs at each end extending down and up from the curved strut at the base of the plugs).
6. Carlevale discloses having a 5 to 8 mm optic diameter and an overall diameter between 11 and 15 mm (Lens design discloses 6.5mm and 13.2mm p. 258).
7. Carlevale discloses the haptics have a 0-13° anterior angulation with respect to the optic plate (Lens design discloses 5° p. 258).
8. Carlevale discloses a hydrophilic material (p. 261 last paragraph).
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carlevale and Poler (Combination 1) as applied to claims 1-8 above, and further in view of Chu US 2011/0251685 A1.
Combination 1 discloses the invention substantially as claimed being described above. However, Combination 1 does not disclose the use of hydrophobic material or colored portions.
Chu teaches the use of an IOL comprising a plate with two haptics Figures 7A/B. Chu discloses its old and well known in the art of IOLs to interchangeably use hydrophobic or hydrophilic materials based on the patients’ needs [0075]. The applicant admits that the benefits and detriments of these materials are known in art as document by the scientific literature [0040].
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the IOL of Combination 1 to comprise a hydrophobic material in order to be more compatible with lubricants such as silicone.
Chu further discloses its old and well known in the art of IOLs to form the haptics with a colored or opaque [0058] in order to create a strong high contrast color difference between the haptics and lens to provide the surgeon with better visualization of the haptics during the surgery.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the entire haptics of Combination 1 to be opaque and colored in order to provide the surgeon with better visualization of the haptics during the surgery.
Examiner’s Comment
It is noted that the 103 rejection of claims 9-12 in view of Chu, is also applicable to being made over just Poler and Chu. The modifications and motivations would remain the same but Poler would be the base reference. In order to promote compact prosecution only one rejection was made using the references closest to that of the current application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER D PRONE whose telephone number is (571)272-6085. The examiner can normally be reached Monday-Friday 10 am - 6 pm (HST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie R 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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CHRISTOPHER D. PRONE
Primary Examiner
Art Unit 3774
/Christopher D. Prone/Primary Examiner, Art Unit 3774
Prosecution Insights