CTNF 18/560,995 CTNF 72398 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 22 is objected to because of the following informalities: “The injector” should be --An injector --. Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 11-16 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bayer (11,931,246) . Bayer teaches an injector 1 for an intraocular lens 26, comprising: a housing with a cannula (10, 30); a receiving chamber 27 for the intraocular lens 26; PNG media_image1.png 461 763 media_image1.png Greyscale a plunger (28 and/or 11), the plunger being movable within the housing and adapted to move the intraocular lens from the receiving chamber 27 through the cannula 30; and a rotary element 16 for moving the plunger (28 and/or 11), the rotary element being mounted on the plunger 11 for rotation (see at least 4:40-44) and axial translation thereon (9:50-67). Claim 12, wherein, in a starting position (shown above), the rotary element 16 can be spaced apart from a seat 20 provided on a main housing, and wherein the rotary element is displaceable together with the plunger (fully capable of) until the rotary element 16 comes into contact with the seat 20 and then a thread 22 thereof engages with the seat (20 with 21). Claim 13, the thread 22 engages with the seat 20 when the intraocular lens is located inside the cannula (fully capable of). Claim 14, the thread 22 engages with the seat 20 when the intraocular lens is located immediately in front of a tip (generally 31) of the cannula fully (fully capable of to eject the lens). Claim 15, wherein the intraocular lens 26 can be pushed out of the cannula by turning the rotary element 16, to “rotation”, and rotating handle 32 (see at least the abstract). Claim 16, the rotary element 16 on the plunger 11 is secured against displacement in a distal direction by a locking ring 32. Claims 18-19, once the rotary element 16 has reached its end position (on 20), the plunger (11 and/or 28) can be further advanced using a handpiece 32 (via rotation or translation of said handpiece even including moving the entirety of the injector), fully capable of including a distance of 1 to 8 mm. Claim 20, at least the following is true: the rotary element 16 is substantially in form of a circular cylinder having a proximal wall that has a central opening which, in cooperation with a plunger rod 11, defines a rotary bearing 15 . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Bayer (11,931,246) in view of Maroschek (11,026,780) . Bayer teaches a method for dispensing an intraocular lens 26 from an injector 1, comprising: arranging the intraocular lens 26 within a receiving chamber 27 of the injector; transferring the intraocular lens from the receiving chamber into a cannula (30 and/or 31) by pressing (see at least the abstract) on a handpiece 32 of an axially displaceable plunger (28 and/or 11); causing a rotary element 16 mounted on a plunger rod 11 to engage on a seat 20; and advancing the axially displaceable plunger (inherent), while the intraocular lens is located inside the cannula, so as to dispense the intraocular lens from the cannula 30/31 by alternatively further pressing on the handpiece 32 or turning the rotary element; see at least the abstract. However, Bayer fails to teach the arranging the intraocular lens within a receiving chamber of the injector in a folded state. Maroschek also teaches a method for dispensing an intraocular lens 90 from an injector 100 wherein the intraocular lens is within a receiving chamber of the injector in a folded state. See at least 7:24-37. PNG media_image2.png 516 655 media_image2.png Greyscale It would have been obvious to one having ordinary skill in the art to have substituted the intraocular lens in a folded state and receiving chamber as taught by Maroschek for the receiving chamber and intraocular lens of Bayer for a method allowing for a reduced incision size in the eye for implantation of the intraocular lens . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 17 is 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. 13-03 AIA The following is an examiner’s statement of reasons for allowance: The closes prior art of record is Bayer and Maroschek, however, neither alone or in combination teach all limitations of claim 1 and claim 17, “wherein, at an end position, advancement of the plunger is blocked by a resilient stopper” . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE EDWARD SNOW whose telephone number is (571)272-4759. The examiner can normally be reached 7:30 am - 5:00 pm Monday through Thursday. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Melanie Tyson can be reached at 5712729062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRUCE E SNOW/Primary Examiner, Art Unit 3774 Application/Control Number: 18/560,995 Page 2 Art Unit: 3774 Application/Control Number: 18/560,995 Page 3 Art Unit: 3774 Application/Control Number: 18/560,995 Page 4 Art Unit: 3774 Application/Control Number: 18/560,995 Page 5 Art Unit: 3774 Application/Control Number: 18/560,995 Page 6 Art Unit: 3774 Application/Control Number: 18/560,995 Page 7 Art Unit: 3774 Application/Control Number: 18/560,995 Page 8 Art Unit: 3774