Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 21-28 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Gerg et al. (US 2011/0092891) (“Gerg”). Gerg discloses: see Fig. 2, [0031-0053]
An ophthalmic system, comprising: a peristaltic pump; a venturi reservoir; a handpiece; an aspiration line coupled to the handpiece; a rotary valve configured with a channel that is defined by a first opening and a second opening; wherein the rotary valve is configured to be rotated to at least a first position, a second position, or a third position; wherein, in the first position, the aspiration line is in fluid communication with a fluid line coupled to the peristaltic pump; wherein, in the second position, the rotary valve provides selective venting of the aspiration line; and wherein, in the third position, the aspiration line is in fluid communication with a fluid line coupled to the venturi reservoir.
in the first position, the rotary valve does not provide fluid communication between the aspiration line and the venturi reservoir.
in the second position, venting of the aspiration line is provided through the rotary valve to an exhaust line.
the exhaust line is also coupled to the venturi reservoir.
further comprising an aspiration pressure sensor.
Claims 26-28: see also Fig. 7 [0059-0061] the ophthalmic system further comprises an irrigation line coupled to the handpiece and wherein the rotary valve is operatively connected to the irrigation line such that the rotary valve may be selectively moved so as to selectively interrupt fluid flow in the irrigation line and to selectively vary aspiration pressure within the aspiration line.
the first opening and the second opening are comprised in a first flow path through the rotary valve and wherein the rotary valve is configured with a second flow path formed therein, wherein the second flow path may be selectively, and at least partially, aligned with an irrigation supply line and the irrigation line to open the irrigation line to an irrigation supply source, and wherein the first flow path may be selectively, and at least partially, aligned with the aspiration line and the exhaust line to selectively vary the aspiration pressure within the aspiration line.
the rotary valve is an aspiration rotary valve and wherein the ophthalmic system further comprises an irrigation rotary valve configured to selectively allow flow of irrigation fluid through an irrigation rotary valve channel in the irrigation rotary valve when a first opening in the irrigation rotary valve channel is aligned with an irrigation fluid line from a source of irrigation fluid and a second opening in the irrigation rotary valve channel is aligned with an irrigation fluid line to a phacoemulsification handpiece.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANNA K HALL whose telephone number is (571)272-2819. The examiner can normally be reached M-F 8:30am- 4:30pm EST.
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/DEANNA K HALL/Primary Examiner, Art Unit 3783
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