Prosecution Insights
Last updated: May 04, 2026
Application No. 18/563,609

MEMBER FOR INTRAOCULAR INSERTION AND METHOD FOR INSERTING MEMBER FOR INTRAOCULAR INSERTION

Non-Final OA §102
Filed
Nov 22, 2023
Priority
May 18, 2022 — RE 10-2022-0060908 +1 more
Examiner
BRUTUS, JOEL F
Art Unit
3797
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Wellc LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
927 granted / 1281 resolved
+2.4% vs TC avg
Strong +18% interview lift
Without
With
+17.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
46 currently pending
Career history
1327
Total Applications
across all art units

Statute-Specific Performance

§101
5.9%
-34.1% vs TC avg
§103
47.8%
+7.8% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1281 resolved cases

Office Action

§102
DETAILED ACTION 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 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. Claim(s) 1-6 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Eggleston (Pub. No.: US 2002/0128710) Regarding claim 1, Eggleston discloses a member for intraocular insertion [see 0068] comprising: a ring assembly enclosing a portion of the cornea and comprising a plurality of rings (annul us 3 with outer rings 20, base annulus 2 with its own ring; annulus 7 with its corresponding ring ) having the same center (as shown in these figs) [see 0068 -0070, 0073-0074, figs 2, 7A, 9A ] wherein the plurality of rings have the shape of concentric circles (as shown in figs 2, 9A) with different sizes [see figs 2 , 9A ] a plurality of connection members ( grooves 24 ) for connecting between the plurality of rings [see 0070 , 0072, 0074 ] wherein each of the plurality of connection members is disposed apart from an adjacent connection member by the same angle with respect to the center ( circular opening , figs 2, 9A, 7) [see 0024, 0070] by disclosing four grooves 24 placed equidistant around the ring [see 0070 , 0074 ] Regarding claim 2 , Eggleston discloses an auxiliary connection member (threads) for connecting between the plurality of rings and disposed where the connection members are not disposed [see 0023, 0024]. Regarding claim 3 , Eggleston discloses wherein the material of the ring is at least one of polymethylmethacrylate (PMMA) [see 0069] , gold, alloy, platinum, titanium, and stainless steel. Regarding claim 4 , Eggleston discloses a member for intraocular insertion [see claim 4] comprising: a ring assembly enclosing a portion of the cornea and comprising a plurality of rings (annulus 3 with outer rings 20, base annulus 2 with its own ring; annulus 7 with its corresponding ring) having the same center [see fig 1]; wherein the plurality of rings have the shape of ellipses with the same eccentricity and different sizes [see fig 1]; wherein the rings as shapes as ellipses (emphasis added); a plurality of connection members for connecting between the plurality of rings [see 0070, 0072, 0074] wherein each of the plurality of connection members is disposed apart from an adjacent connection member by the same angle with respect to the center (circular opening, figs 2, 9A, 7) [see 0024, 0070] by disclosing four grooves 24 placed equidistant around the ring [see 0070, 0074] Regarding claim 5 , Eggleston discloses an auxiliary connection member for connecting between the plurality of rings and disposed where the connection members are not disposed [see 0023, 0024]. Regarding claim 6 , Eggleston discloses wherein the material of the ring is at least one of polymethylmethacrylate [see 0069] , gold, alloy, platinum, titanium, and stainless steel. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JOEL F BRUTUS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3847 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Sat, 11:00 AM to 7:00 PM . 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, Anne Kozak can be reached at 571-270-0552. 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. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOEL F BRUTUS/ Primary Examiner, Art Unit 3797
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
Feb 25, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
90%
With Interview (+17.9%)
3y 5m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1281 resolved cases by this examiner. Grant probability derived from career allowance rate.

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