DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/10/2025 has been entered.
Drawings
The drawing amendment filed 11/10/2025 has been entered.
Further, the drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation “treatment instrument-side ends of the at least two first fluid lines are fluidically coupled to one another, wherein the fluidic coupling is not via an eye” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the “vitrectomy handpiece-side end of the aspiration line 47 is fluidically coupled to the handpiece-side end of the irrigation line 40” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “The fluidic coupling to the aspiration line at the treatment instrument-side end results in the treatment fluid subsequently being conveyed through the aspiration line and back to the console, where it is supplied to a collecting container” as described in the specification (see para [0018]). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 11 and 14 are objected to because the preamble of each claim contains a considerable recitation of structure preceded by “wherein” clauses, which typically do not comport with U.S. patent drafting practice, and may cause issues of definiteness regarding what structure is required in the claimed method.
Applicant is encouraged to draft the claim so that the method step includes a step of “providing” the structure that carries out the method steps, for example:
1. (Currently amended) A method for operating an ophthalmic surgical system, comprising:
providing at least two first fluid lines for fluidically coupling a console of the ophthalmic surgical system to at least one medical treatment instrument of the ophthalmic surgical system, wherein the at least two first fluid lines are connected to the console, the at least two fluid lines comprising at least one first irrigation line and at least one first aspiration line…
etc.
Specification
The specification amendment filed 06/16/2025 is entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 2, 7, 11, 14 and all claims depending therefrom are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 14, the new matter is:
“treatment instrument-side ends of the at least two first fluid lines are fluidically coupled to one another, wherein the fluidic coupling is not via an eye”.
Any negative limitation or exclusionary proviso must have basis in the original disclosure (see MPEP 2173.05(i)). However, the exclusion of the fluidic coupling via an eye does not have basis in the original disclosure. The original disclosure does not describe how the treatment instrument-side ends of the at least two first fluid lines are fluidically coupled in a manner that would permit one of ordinary skill in the art to conclude that the Applicant intended to exclude fluidic coupling via an eye.
Regarding claim 2, the new matter is “wherein said automatically applying the treatment fluid to the at least one second fluid line includes simultaneously automatically applying the treatment fluid to the at least two first fluid lines.” Although the original disclosure has support for “the treatment fluid is essentially applied approximately simultaneously to the fluid lines” (it is unclear what is meant by “the fluid lines”, but this disclosure could cover the first fluid lines and the second fluid line; see specification at para [0023]), the original disclosure lacks support for automatically applying the treatment fluid to the first two fluid lines.
Regarding claim 7, the new matter is “a fluid resistance is ascertained in relation to the conveyance of the treatment fluid through said at least one of the at least two first fluid lines and the at least one second fluid line”. The original disclosure does not specify that fluid resistance is ascertained in relation to the conveyance of treatment fluid through the second fluid line along with at least one of the two first fluid lines (the specification at para [0027] only discusses ascertaining fluid resistance in relation to the conveyance of treatment fluid through a single fluid line).
Regarding claim 13, the new matter is “said detecting that the at least one second fluid line has been connected to the console is performed while fluid is being conveyed through the at least two first fluid lines.” The specification makes no mention of this step (the specification perhaps teaches away from this step, by disclosing that preferably fluid is conveyed through all the lines at the same time, not conveying fluid through the two first fluid lines before detecting connection of the second fluid line to the console).
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.
Claims 1, 4, 5, 11, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Riesenegger (DE 102018130376 A1, hereinafter “Riesenegger”) in view of El-Ayari et al (WO 2019 076411 A1, hereinafter “El-Ayari”), further in view of Sutton et al (U.S. Pat. 6,398,754, hereinafter “Sutton”).
Regarding claim 1, Riesenegger discloses a method for operating an ophthalmic surgical system (see para [0001], disclosing "The invention relates to a method for controlling an ophthalmic surgical handpiece for working on an eye lens, which handpiece can be driven by a piezo-based drive unit") wherein:
at least two first fluid lines (such as an irrigation branch of an irrigation device 40, and an aspiration branch of an aspiration device 41) for fluidically coupling a console of the ophthalmic surgical system to at least one medical treatment instrument of the ophthalmic surgical system, the at least two first fluid lines comprising at least one first irrigation line (i.e., the branch of the irrigation device 40) and at least one first aspiration line (i.e., the branch of the aspiration device 41);
the at least two first fluid lines are configured to have treatment fluid conveyed therethrough from a treatment fluid source to a collecting container 42 of the ophthalmic surgical system via a pumping apparatus (see para [0051], disclosing that "a fluidic system 39 [...] arranged, which has a pump and a control unit for controlling the pump and connected components. The fluidic system 39 comprises an irrigation device 40 having an irrigation branch and an aspiration device 41 having an aspiration branch. The irrigation device 40 comprises a container 42 for rinsing liquid, for example a balanced salt solution, which is a fluid for irrigation");
at least one second fluid line for the treatment fluid is configured to be connected to the console for fluidically coupling the console to the at least one medical treatment instrument or a further medical treatment instrument (see para [0053], disclosing that "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1);
a treatment-instrument-side end of the at least one second fluid line is fluidically coupled to at least one of the treatment-instrument-side ends of the at least two first fluid lines (second line, i.e., aspiration line 47, is fluidically connected to two first lines, i.e., lines 40 and 41, via the fluidic system 39), and
the at least one second fluid line is configured to have the treatment fluid conveyed therethrough via the pumping apparatus (see para [0053], disclosing "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1).
It is noted that Riesenegger does not appear to disclose the method steps of:
detecting that the at least one second fluid line has been connected, and
automatically applying the treatment fluid to the at least one second fluid line upon connection to the console.
El-Ayari discloses an ophthalmic system that can detect a connection of an instrument (and therefore it associated fluid line) to a console (such as a terminal block 4 on a providing unit; see Fig 2) and automatically applies a treatment fluid to the line upon detecting that the line has been connected to the console (see pg. 4, line 20 to pg. 5, line 5 [English translation is attached] disclosing detecting when the instrument has been attached and automatically priming the instrument and its associated fluid line).
A skilled artisan would have found it obvious at the time of the invention to modify the method of Riesenegger in order to detect that the at least second fluid line has been connected to the console, and automatically apply the treatment fluid to the at least one second fluid line upon connection to the console, as taught in Pananen, in order to obviate manual priming, thus reducing set-up time (see pg. 4, line 20 to pg. 5, line 5 of El-Ayari [English translation is attached]).
It is further noted that Riesenegger does not appear to disclose that treatment instrument side ends of the at least two first fluid lines are fluidically coupled to one another, wherein the fluidic coupling is not via an eye.
Sutton discloses an ophthalmic surgical system, comprising at least two first lines, i.e., an irrigation line (passage defined by inside surface 46 of sleeve 26) and an aspiration line (lumen 52 of aspirating needle 32; see also col. 4, lines 34-42), and these two lines are fluidically coupled to one another (via a bypass port 50 in the needle, establishing fluid communication between the needle lumen 52 and the annular passage 44 without communication via the eye; see col. 4, lines 43-51) when the two lines are coupled to a surgical console (not shown).
A skilled artisan would have found it obvious at the time of the invention to modify the ophthalmic surgical system of Riesenegger so that the two first lines are fluidically coupled not via an eye, as taught in Sutton, in order to enable irrigation fluid to pass into the needle lumen upon clogging or blocking of the tip of the handpiece, thus improving fluid usage and lessening fluid pressure spikes in the eye (see Sutton at Abstract).
Regarding claim 4, Riesenegger, in view of El-Ayari, discloses that the automatically applying the treatment fluid to the at least one second fluid line is performed during use of the least one medical treatment instrument (such as a priming fluid, for example, as taught in El-Ayari).
Regarding claim 5, Riesenegger discloses that the at least second fluid line is a second aspiration line for fluidically coupling the further medical treatment instrument (see para [0053], disclosing that "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1);
Regarding claim 11, Riesenegger discloses an ophthalmic surgical system for treating an eye (see para [0001], disclosing "The invention relates to a method for controlling an ophthalmic surgical handpiece for working on an eye lens, which handpiece can be driven by a piezo-based drive unit") comprising:
at least one medical treatment instrument 3 for treating the eye;
a console for controlling said at least one medical treatment instrument (i.e., the pump and control unit described above with respect to claim 1),
at least two first fluid lines (such as an irrigation branch of an irrigation device 40, and an aspiration branch of an aspiration device 41) for fluidically coupling the console of the ophthalmic surgical system to the least one medical treatment instrument, the at least two first fluid lines;
said at least two first fluid lines being connectable to said console and to said at least one medical treatment instrument (see Fig. 1);
said at least two first fluid lines including at least one first irrigation line (i.e., the branch of the irrigation device 40) and at least one first aspiration line (i.e., the branch of the aspiration device 41);
wherein the ophthalmic surgical system is configured to fluidically couple treatment instrument-side ends of said at least two first fluid lines to one another in a console-connected state and convey a treatment fluid through said at least two first fluid lines from a treatment fluid source to a collecting container of the ophthalmic surgical system via a console-side pumping apparatus (see para [0051], disclosing that "a fluidic system 39 [...] arranged, which has a pump and a control unit for controlling the pump and connected components. The fluidic system 39 comprises an irrigation device 40 having an irrigation branch and an aspiration device 41 having an aspiration branch. The irrigation device 40 comprises a container 42 for rinsing liquid, for example a balanced salt solution, which is a fluid for irrigation");
at least one second fluid line for the treatment fluid configured to fluidically couple said console to said at least one medical treatment instrument or a further medical treatment instrument (see para [0053], disclosing that "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1);
wherein the ophthalmic surgical system is configured to fluidically couple a treatment instrument-side end of said at least one second fluid line to at least one of said treatment instrument-side ends of said at least two first fluid lines and convey the treatment fluid through said at least one second fluid line via the console-side pumping apparatus (when the handpiece is operating in the eye);
It is noted that Riesenegger does not appear to disclose:
the ophthalmic surgical system being configured to detect a connection of said at least one second fluid line and automatically apply the treatment fluid to said at least one second fluid line upon connection to said console.
El-Ayari discloses an ophthalmic system that can detect a connection of an instrument (and therefore it associated fluid line) to a console (such as a terminal block 4 on a providing unit; see Fig 2) and automatically applies a treatment fluid, such as a priming fluid, to the line upon connection to the console (see pg. 4, line 20 to pg. 5, line 5 [English translation is attached] disclosing detecting when the instrument has been attached and automatically priming the instrument and its associated fluid line).
A skilled artisan would have found it obvious at the time of the invention to modify the method of Riesenegger so that ophthalmic surgical system is configured to detect a connection of said at least one second fluid line and automatically apply the treatment fluid to said at least one second fluid line upon connection to said console, as taught in Pananen, in order to obviate manual priming, thus reducing set-up time (see pg. 4, line 20 to pg. 5, line 5 of El-Ayari [English translation is attached]).
It is further noted that Riesenegger does not appear to disclose that treatment instrument side ends of the at least two first fluid lines are fluidically coupled to one another, wherein the fluidic coupling is not via an eye.
Sutton discloses an ophthalmic surgical system, comprising at least two first lines, i.e., an irrigation line (passage defined by inside surface 46 of sleeve 26) and an aspiration line (lumen 52 of aspirating needle 32; see also col. 4, lines 34-42), and these two lines are fluidically coupled to one another (via a bypass port 50 in the needle, establishing fluid communication between the needle lumen 52 and the annular passage 44 without communication via the eye; see col. 4, lines 43-51) when the two lines are coupled to a surgical console (not shown).
A skilled artisan would have found it obvious at the time of the invention to modify the ophthalmic surgical system of Riesenegger so that the two first lines are fluidically coupled not via an eye, as taught in Sutton, in order to enable irrigation fluid to pass into the needle lumen upon clogging or blocking of the tip of the handpiece, thus improving fluid usage and lessening fluid pressure spikes in the eye (see Sutton at Abstract).
Regarding claim 12, Riesenegger discloses a method for operating an ophthalmic surgical system (see para [0001], disclosing "The invention relates to a method for controlling an ophthalmic surgical handpiece for working on an eye lens, which handpiece can be driven by a piezo-based drive unit") wherein:
connecting at least two fluid lines (such as an irrigation branch of an irrigation device 40, and an aspiration branch of an aspiration device 41) for fluidically coupling a console of the ophthalmic surgical system to at least one medical treatment instrument of the ophthalmic surgical system, the at least two first fluid lines comprising at least one first irrigation line (i.e., the branch of the irrigation device 40) and at least one first aspiration line (i.e., the branch of the aspiration device 41);
fluidically coupling treatment instrument side ends of the at least two first fluid lines to one another, the at least two first fluid lines configured to have treatment fluid conveyed therethrough from a treatment fluid source to a collecting container 42 of the ophthalmic surgical system via a pumping apparatus (see para [0051], disclosing that "a fluidic system 39 [...] arranged, which has a pump and a control unit for controlling the pump and connected components. The fluidic system 39 comprises an irrigation device 40 having an irrigation branch and an aspiration device 41 having an aspiration branch. The irrigation device 40 comprises a container 42 for rinsing liquid, for example a balanced salt solution, which is a fluid for irrigation");
connecting at least one second fluid line for the treatment fluid to the console for fluidically coupling the console to the at least one medical treatment instrument or a further medical treatment instrument (see para [0053], disclosing that "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1 where the handpiece is operating in the eye);
the at least one second fluid line is configured to have the treatment fluid conveyed therethrough via the console-side pumping apparatus (interpreted to mean the console; see para [0053], disclosing "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1).
It is noted that Riesenegger does not appear to disclose the method steps of:
detecting a connecting (interpreted to be synonymous with “connection”), of the at least one second fluid line to the console; and
automatically applying the treatment fluid to the at least one second fluid line upon connection to the console.
El-Ayari discloses an ophthalmic system that can detect a connection of an instrument (and therefore it associated fluid line) to a console (such as a terminal block 4 on a providing unit; see Fig 2) and automatically applies a treatment fluid, such as a priming fluid, to the line upon connection to the console (see pg. 4, line 20 to pg. 5, line 5 [English translation is attached] disclosing detecting when the instrument has been attached and automatically priming the instrument and its associated fluid line).
A skilled artisan would have found it obvious at the time of the invention to modify the method of Riesenegger in order to detect a connection of the at least one second fluid line, and automatically apply the treatment fluid to the at least one second fluid line upon connection to the console, as taught in Pananen, in order to obviate manual priming, thus reducing set-up time (see pg. 4, line 20 to pg. 5, line 5 of El-Ayari [English translation is attached]).
Regarding claim 14, Riesenegger discloses a method for operating an ophthalmic surgical system (see para [0001], disclosing "The invention relates to a method for controlling an ophthalmic surgical handpiece for working on an eye lens, which handpiece can be driven by a piezo-based drive unit") wherein:
at least two first fluid lines (such as an irrigation branch of an irrigation device 40, and an aspiration branch of an aspiration device 41) for fluidically coupling a console of the ophthalmic surgical system to at least one medical treatment instrument of the ophthalmic surgical system are connected to the console, with the at least two first fluid lines including at least one first irrigation line (i.e., the branch of the irrigation device 40) and at least one first aspiration line (i.e., the branch of the aspiration device 41);
the at least two first fluid lines are configured to have treatment fluid conveyed therethrough from a treatment fluid source to a collecting container 42 of the ophthalmic surgical system via a pumping apparatus (see para [0051], disclosing that "a fluidic system 39 [...] arranged, which has a pump and a control unit for controlling the pump and connected components. The fluidic system 39 comprises an irrigation device 40 having an irrigation branch and an aspiration device 41 having an aspiration branch. The irrigation device 40 comprises a container 42 for rinsing liquid, for example a balanced salt solution, which is a fluid for irrigation");
at least one second fluid line for the treatment fluid is configured to be connected to the console for fluidically coupling the console to the at least one medical treatment instrument or a further medical treatment instrument (see para [0053], disclosing that "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1);
a treatment-instrument-side end of the at least one second fluid line is fluidically coupled to at least one of the treatment-instrument-side ends of the at least two first fluid lines (second line, i.e., aspiration line 47, is fluidically connected to two first lines, i.e., lines 40 and 41, via the fluidic system 39), and
the at least one second fluid line is configured to have the treatment fluid conveyed therethrough via the pumping apparatus (see para [0053], disclosing "The vitrectomy handpiece 46 is preferably also connected to the fluidic system 39, in particular via an aspiration line 47"; see also Fig. 1).
It is noted that Riesenegger does not appear to disclose:
detecting that the at least two first fluids lines and the at least one second fluid line have been connected to the console; and
automatically apply the treatment fluid to said at least first two fluid lines and the at least one second fluid line upon said detecting that the at least two first fluid lines and the at least one second fluid line have been connected to the console.
El-Ayari discloses an ophthalmic system that can detect a connection of an instrument (and therefore it associated fluid line) to a console (such as a terminal block 4 on a providing unit; see Fig 2) and automatically applies a treatment fluid, such as a priming fluid, to the line upon connection to the console (see pg. 4, line 20 to pg. 5, line 5 [English translation is attached] disclosing detecting when the instrument has been attached and automatically priming the instrument and its associated fluid line).
A skilled artisan would have found it obvious at the time of the invention to modify the method of Riesenegger so that ophthalmic surgical system detects a connection of the at least two first fluids lines and the at least one second fluid lines and automatically apply the treatment fluid to those lines, as taught in Pananen, in order to obviate manual priming, thus reducing set-up time (see pg. 4, line 20 to pg. 5, line 5 of El-Ayari [English translation is attached]).
It is further noted that Riesenegger does not appear to disclose that treatment instrument side ends of the at least two first fluid lines are fluidically coupled to one another, wherein the fluidic coupling is not via an eye.
Sutton discloses an ophthalmic surgical system, comprising at least two first lines, i.e., an irrigation line (passage defined by inside surface 46 of sleeve 26) and an aspiration line (lumen 52 of aspirating needle 32; see also col. 4, lines 34-42), and these two lines are fluidically coupled to one another (via a bypass port 50 in the needle, establishing fluid communication between the needle lumen 52 and the annular passage 44 without communication via the eye; see col. 4, lines 43-51) when the two lines are coupled to a surgical console (not shown).
A skilled artisan would have found it obvious at the time of the invention to modify the ophthalmic surgical system of Riesenegger so that the two first lines are fluidically coupled not via an eye, as taught in Sutton, in order to enable irrigation fluid to pass into the needle lumen upon clogging or blocking of the tip of the handpiece, thus improving fluid usage and lessening fluid pressure spikes in the eye (see Sutton at Abstract).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Riesenegger in view of El-Ayari and Sutton as applied to claim 1, above, and further in view of Kelman (U.S. Pat. 4,465,470, hereinafter “Kelman”).
Regarding claim 6, it is noted that Riesenegger, in view of El-Ayari and Sutton, does not appear to disclose that the console is configured to activate the at least two first fluid lines and the at least one second fluid line individually via a valve apparatus.
Kelman discloses an ophthalmic system for controlling the flow of fluid in multiple lines connected to a console, where the console can activate the fluid lines individually via a valve apparatus (see valves 24, 25, 26, 27 that can be individually energized to control the flow of aspiration or irrigation fluid through the lines associated with the valves; and see also col. 2, lines 29-57).
A skilled artisan would have found it obvious at the time of the invention to modify the method of Riesenegger, in view of El-Ayari and Sutton, in order to provide a console that can activates the fluid lines individually via a valve apparatus, as a well-known means for controlling the flow of irrigation and/or aspiration fluid, with a reasonable expectation of success.
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Riesenegger in view of El-Ayari and Sutton, as applied to claim 1, above, and further in view of Hickey et al (U.S. Pub. 2017/0224888 A1, hereinafter “Hickey”).
Regarding claims 7-9, it is noted that Riesenegger in view of El-Ayari does not appear to disclose that wherein, for at least the two first fluid lines and the at least one second fluid line, a fluid resistance is ascertained in relation to the conveyance of the treatment fluid through at least one of the two first fluid lines and the at least one second fluid line; wherein at least one operational parameter of the ophthalmic surgical system is set on a basis of the ascertained fluid resistance; and wherein the medical treatment instrument connected to the fluid lines is determined at least on the basis of the ascertained fluid resistance.
Hickey discloses a method of ascertaining fluid resistance in a line and setting a parameter of an ophthalmic system on the basis of the fluid resistance and determining the type of instrument based on the resistance. Specifically, Hickey discloses determining fluid resistance of a tip of an instrument (by comparing an inlet pressure to an outlet pressure to determine a pressure change and thus a measure of fluid resistance) and then indicating the type of tip to be used so that further system settings or performance criteria can be adjusted; see paras [0011], [0012], [0025], [0026], [0030], [0037]).
A skilled artisan would have found it obvious at the time of the invention to modify the method of Riesenegger in view of El-Ayari, to carry out the steps defined in claims 7-9, in order to providing automatic detection of a specific instrument without user intervention, affording an operator the desired phacoemulsification, diathermy, or vitrectomy functions with less need to worry about modifying or adjusting the settings of the system based on the tip selected; moreover, doing so would expectedly reduce the introduction of human error, distraction, or contamination into the surgical process, as the operator would not need to interact with the display or insert information into the display in order for the system's settings to be calibrated based on the specific tip selected (see Hickey at para [0010]).
Allowable Subject Matter
Notwithstanding the rejection(s) above, claims 2 and 13 appear to recite allowable subject matter.
Response to Arguments
Applicant's arguments filed in Remarks on 11/10/2025 (hereinafter “Remarks”) have been fully considered.
Where appropriate, previously applied objections and rejections have been withdrawn.
Applicant specifically traversed the rejection of claims 1-5, 11 and 12 under 35 U.S.C. 103(a) (see Remarks, pgs. 2-5).
Regarding claim 1, Applicant argued that Riesenegger does not disclose treatment instrument-side ends of the at least two first fluid lines are fluidically coupled to one another, wherein the fluidic coupling is not via an eye (see Remarks, pg. 3).
A new ground of rejection has been applied, above, to teach this feature.
Applicant also argued that Riesenegger does not disclose the at least two first fluid lines are configured to have treatment fluid conveyed therethrough from a treatment fluid source to a collecting container of the ophthalmic surgical system via a pumping apparatus (see Remarks, pg. 4). However, as acknowledged by Applicant, Riesenegger’s aspiration and irrigation lines are specifically designed to permit treatment fluid to be conveyed from a treatment fluid source to a collecting container; irrigation fluid is conveyed from the treatment fluid source, and is then aspirated from the eye along with the aspirated debris from the phacoemulsification procedure. Additionally, the combination of Riesenegger and Sutton teaches a bypass port that specifically permits fluid to flow between the irrigation line and aspiration line. It is noted that the claimed invention does not positively recite a collection container.
Applicant also argued that Riesenegger does not disclose a treatment instrument-side end of the at least one second fluid line is fluidically coupled to at least one of the treatment instrument-side ends of the at least two first fluid lines (see Remarks, pg. 4). But Riesenegger discloses that the second line, i.e., aspiration line 47, is fluidically connected to two first lines, i.e., lines 40 and 41, via the fluidic system 39. Implicitly, this also means that the treatment instrument-sides of each of these lines are also coupled together.
Applicant also argued that Riesenegger, in view of El-Ayari, does not discloses the method steps (see Remarks, pg. 5). Applicant argued that “El-Ayari fails to disclose fluid lines directed to the tray 2 of El-Ayari” and “El-Ayari fails to disclose the number of fluid lines having connections are directed to the tray 2.” Examiner cannot deduce the proper meaning of this argument. For this reason, the rejections are maintained.
Conclusion
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/SCOTT J MEDWAY/Primary Examiner, Art Unit 3783 11/25/2025