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. Detailed Actions This is in response to the amendment filed 02/26/2024 . Allowable Subject Matter Claims 25, 27-29, 31-33, 39-42 , 48, 50 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: claim 25 recites the IMT having an outer carrier and an optical element located within the outer carrier. The Office agrees the art of record fail to teach or suggest these features. 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) 14, 16-18, 20, 24, 62 is/are rejected under 35 U.S.C. 102 FILLIN "Insert either \“(a)(1)\” or \“(a)(2)\” or both. If paragraph (a)(2) of 35 U.S.C. 102 is applicable, use form paragraph 7.15.01.aia, 7.15.02.aia or 7.15.03.aia where applicable." \d "[ 2 ]" (a)(1) as being anticipated by U.S. Patent Publication Number 2021/0137674 ( Webb et al.) Regarding claim s 14, 16-18 , 20 , 24 , 62 Webb discloses as shown in Figure 6 a n implantable scleral suspension device for use with an implantable miniature telescope (IMT) in an eye, the device comprising: an elastic support structure ( lens holder 102 , see paragraph [00 24 ]) comprising: an outer perimeter wall having an outer perimeter surface extending between an anterior surface of the support structure and a posterior surface of the support structure; and a central aperture ( aperture 11 6 , see paragraph [00 25 ]) extending through the support structure between the anterior surface of the support structure and the posterior surface of the support structure, the central aperture defined by an inner perimeter surface of the support structure; and a plurality of fixation arms ( haptics 110 , see paragraph [0028] ) extending outward from the outer perimeter surface of the support structure, each arm of the plurality of fixation arms is capable of sutureless scleral fixation and to be placed under tension to locate and stabilize the device within the eye, wherein a thickness of the support structure along the inner perimeter surface defining the central aperture (generally indicated as A) is greater than a thickness of the support structure near the outer perimeter surface (generally indicated as B ) , wherein the thickness of the support structure defining the central aperture is capable of prevent ing tilt of the IMT supported by the scleral suspension device , at least one awning positioned over the anterior surface of the support structure, wherein the at least one awning forms at least one recess anterior to the anterior surface of the support structure, wherein the at least one recess is adapted to receive a portion of the IMT, wherein an anterior surface of the IMT projects anterior relative to the awning of the device and a posterior surface of the IMT projects posterior to the device , wherein the inner perimeter surface defining the central aperture is substantially cylindrical . see paragraph [0042] and annotated Figure 6 (provided below). left top Regarding claim 19 , Webb discloses wherein the central aperture has a diameter that is about 2 mm to about 6 mm. see paragraph [0025]. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claim(s) 1 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2021/0137674 (Webb et al.) in view of U.S. Patent Publication Number 2015/0202040 (Cafferty) Regarding claim 15 , Webb fails to disclose wherein the thickness of the support structure along the inner perimeter surface defining the central aperture is about 200-2000 microns thick. Cafferty , from the same field of endeavor teaches a similar device as shown in Figure 1, where a thickness of a support structure is about 200-2000 microns thick . See claim 6. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention t o modify the device disclosed by Webb substituting the thickness of the support structure along the inner perimeter surface defining the central aperture for the thickness taught by Cafferty because it would only require the simple substitution of one known alternative for another to produce nothing but predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82, USPQ2d 1385 (2007). Claim(s) 5 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2021/0137674 (Webb et al.) in view of U.S. Patent Publication Number 2021/0338416 ( Clark et al. ) Regarding claim 55 , Webb et al. fails to disclose wherein each fixation arm of the plurality of fixation arms is coupled to a trans-scleral anchor for sutureless scleral fixation of the device within the eye. Clark et al., from the same field of endeavor teaches a similar device as shown in Figure 10 wherein each fixation arm of the plurality of fixation arms is coupled to a trans-scleral anchor ( anchor 125 , see paragraph [0085]) sutureless scleral fixation of the device within the eye for the purpose anchoring the device. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed to modify the device disclosed by Webb et al. to include the anchors taught by Clark such that each fixation arm of the plurality of fixation arms is coupled to a trans-scleral anchor for sutureless scleral fixation of the device within the eye in order to facilitate anchoring the device in its intended delivery location. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G LOUIS whose telephone number is 571-270-1965 . The examiner can normally be reached on Monday – Friday, 9:30 – 6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Jackie Ho at 571-272-4696 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. If there are any inquiries that are not being addressed by first contacting the Examiner or the Supervisor, you may send an email inquiry to TC3700_Workgroup_D_Inquiries@uspto.gov . Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RICHARD G LOUIS/ Primary Examiner, Art Unit 3771