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 .
Claim Status
Applicant’s Remarks and Amendments filed 18 June 2026 have been entered. Claims 2-3, 5, and 8 are canceled. Claims 9-11 are new. Claims 1, 4, 6-7, and 9-11 are pending.
Response to Arguments
Applicant's arguments filed 18 June 2026 have been fully considered but they are not persuasive. Paragraph 0913 refers to the capsular device engaging with a patient’s iris, and further the specific devices cited in the rejection taught by Wortz disclose that the device may be sutured as needed by the patient or practitioner [0386]. Further, Wortz discloses that the devices and systems described in Figs. 7A and 10A can be combined and modified together [1045].
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]),
wherein the artificial lens fixing sac is formed in a disk shape to be fixed on an iris (capsular device is positioned on the posterior iris [0913]),
wherein the artificial lens fixing sac comprises first (Fig. 10C, anterior side 102) and second plates (Fig. 10C, posterior side 104) having 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),
the first and second plates being in contact with each other at circumferential surfaces thereof to define the internal space (Fig. 10A, cavity 108 is defined by anterior and posterior sides 102, 104 (i.e., is shaped in accordance with them) [0295]),
wherein the internal space (Fig. 10A, cavity 108) includes a guide surface configured 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 such that a width of the internal space gradually decreases toward the circumferential surfaces (Fig. 10C, width of cavity 108 narrows where sidewalls 1002 meet of anterior and posterior sides 102, 104),
wherein the circumferential surfaces (Fig. 10A, external surfaces of anterior and posterior sides 102, 104) include 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]), and
wherein four to eight marking holes are formed around the implantation hole (Fig. 10A, device 1000 comprises 1-10 recessed areas 1006 which encircle cavity 108 [0386]).
Regarding claim 4, Wortz teaches
wherein one side of each of the marking holes (Fig. 74E, orientation designation indicators 7412 comprise visual markers 7414 that are holes [0997]) is cut out toward the implantation hole (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 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 marking holes are formed in any one of circular, triangular, quadrangular, and hexagonal shapes (Fig. 10D, recessed areas 1006 are rectangular).
Regarding claim 9, Wortz teaches
wherein the fixing groove (Fig. 7C, notches 604A-B) is formed between the circumferential 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]). Wortz discloses that the devices and systems described in Figs. 7A and 10A can be combined and modified together [1045].
Regarding claim 10, Wortz teaches
wherein the marking holes are symmetrically arranged around the implantation hole (Fig. 10B, recessed areas 1006 are placed symmetrically around cavity 108 of device 1000).
Regarding claim 11, Wortz teaches
wherein the fixing threads are configured to fix the artificial lens fixing sac to a rear side of the iris (Fig. 10A, recessed areas 1006 are used to suture the device as needed, such as on the posterior iris [0913]).
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.
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/G.G.R./ Examiner, Art Unit 3774
/JERRAH EDWARDS/ Supervisory Patent Examiner, Art Unit 3774
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