DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wortz et al. (US 2019/0307552 A1), “Wortz”.
Regarding claim 1, Wortz teaches
An artificial lens fixing sac for fixing an artificial lens for cataract surgery (Fig. 10A, prosthetic capsular device 1000), which is installed at a position of a lens that is removed by cataract surgery (Fig. 10A, device 1000 is positioned within the eye [0385]),
the artificial lens fixing sac (Fig. 10A, prosthetic capsular device 1000) comprising: an implantation hole in which an artificial lens, which is inserted into an internal space of the artificial lens fixing sac, is implanted (Fig. 10A, device 1000 comprises cavity 108 which holds an intraocular device within it [0295, 0306]); and
fixing threads installed at predetermined intervals on an outer peripheral edge of the artificial lens fixing sac to fix the artificial lens fixing sac to a sclera (Fig. 10A, device 1000 comprises recessed areas 1006 which are used to suture the device into a particular position within the eye [0386]).
Regarding claim 2, Wortz teaches
wherein the artificial lens fixing sac (Fig. 10A, prosthetic capsular device 1000) has a shape in which circumferential surfaces of first (Fig. 10C, anterior side 102) and second plates (Fig. 10C, posterior side 104) having corresponding shapes are in contact with each other (Fig. 10C, anterior and posterior sides 102, 104 form device 1000 and comprise similar shapes), and
the internal space into which the artificial lens is inserted (Fig. 10C, cavity 108) is formed in the shape in which the first and second plates are in contact with each other (Fig. 10A, cavity 108 is defined by anterior and posterior sides 102, 104 (i.e., is shaped in accordance with them) [0295]).
Regarding claim 3, Wortz teaches
wherein the first and second plates (Fig. 10C, anterior and posterior sides 102, 104) of the artificial lens fixing sac (Fig. 10A, prosthetic capsular device 1000) have corresponding shapes and inner surfaces each having a concave disk shape (Fig. 10D, device 1000 comprises sidewalls 1002 of anterior and posterior 102, 104 sides which are curved), and
an implantation hole is formed at a center of the first and second plates to prevent an increase in intraocular pressure and ensure a flow of water (Fig. 10A, device 1000 comprises cavity 108 which holds an IOL within it [0295, 0306]).
Regarding claim 4, Wortz teaches
wherein one or more marking holes (Fig. 74E, orientation designation indicators 7412 comprise visual markers 7414 that are holes [0997]) are formed in the first and second plates (Fig. 10C, anterior and posterior sides 102, 104) of the artificial lens fixing sac (Fig. 10A, prosthetic capsular device 1000) to set directionality at the time of fixing the artificial lens fixing sac between the implantation hole and the circumferential surface (Fig. 74E, orientation design indicators 7412 help to identify the current orientation of the prosthetic capsular device throughout the implantation of the device into the eye [0996]).
Regarding claim 5, Wortz teaches
wherein the internal space (fig. 10A, cavity 108), which is defined as inner surfaces of the first and second plates (Fig. 10A, cavity 108 is defined by anterior and posterior sides 102, 104 (i.e., is shaped in accordance with them) [0295]) of the artificial lens fixing sac (Fig. 10A, prosthetic capsular device 1000),
which are each formed in a concave disk shape (Fig. 10D, device 1000 comprises sidewalls 1002 of anterior and posterior sides 102, 104 which are curved), face each other,
includes a guide surface (Fig. 7C, portions of sidewall 106A, B nearest notches 604A, B) formed to guide a haptic part of the artificial lens (Fig. 7C, notches 604A, B are configured for the insertion of haptics of an IOL [0360]) and
defined as a width of the internal space gradually decreases toward the circumferential surface (Fig. 10C, width of cavity 108 narrows where sidewalls 1002 meet of anterior and posterior sides 102, 104), and
wherein the circumferential surfaces (Fig. 10A, external surfaces of anterior and posterior sides 102, 104), which are in contact with each other while defining a curved surface (Fig. 10D, device 1000 comprises sidewalls 1002 of anterior and posterior sides 102, 104 which are curved),
includes a fixing groove having a valley shape and formed to fix and support the haptic part of the artificial lens (Fig. 7C, notches 604A, B comprise slots (i.e., valley shape) for the insertion of an IOL [0360]).
Regarding claim 6, Wortz teaches
wherein the artificial lens fixing sac (Fig. 10A, prosthetic capsular device 1000) is made of a 20d silicone material (Fig. 10A, device 1000 (similar to devices of Fig. 1A-9A [0383]) comprises silicone or soft silicone polymer [0303]) so that the artificial lens fixing sac is freely folded or unfolded when the artificial lens fixing sac is mounted in an iris (Fig. 10A, device 1000 (similar to devices of Fig. 1A-9A [0383]) can be folded, rolled, or otherwise compressed for insertion purposed [0301]).
Regarding claim 7, Wortz teaches
wherein the implantation hole is formed at the center of the first and second plates so as to have a diameter of the artificial lens (Fig. 10A, device 1000 comprises cavity 108 which holds an intraocular device within it [0295, 0306]),
marking holes are formed at predetermined intervals around the implantation hole (Fig. 74B, orientation designation indicators 7412 are located on the anterior or posterior sides of the device to assist the surgeon in determining whether the device is oriented correctly [0995]), and
the marking hole is formed in any one of circular, triangular, quadrangular, and hexagonal shapes (Fig. 74B orientation designation indicators 7412 are circular holes within rounded projections [0997]).
Regarding claim 8, Wortz teaches
wherein the marking holes are formed at the predetermined intervals around the implantation hole (Fig. 74B, orientation designation indicators 7412 are located on the anterior or posterior sides of the device to assist the surgeon in determining whether the device is oriented correctly [0995]), and
one side of each of the marking holes is cut out toward the implantation hole (Fig. 74E, orientation designation holes 7412 face inward toward the cavity of the capsule [0997]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2017/0348095 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA GISELLE B RIOS whose telephone number is (703)756-5958. The examiner can normally be reached M-Th 7:30-6:00 EST.
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/G.G.R./Examiner, Art Unit 3774
/THOMAS C BARRETT/SPE, Art Unit 3799