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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the thickness of the posterior haptic wall" in Lines 9-10. There is insufficient antecedent basis for this limitation in the claim. Claim(s) 2-15, which depend from claim 1, inherit all the problems associated with claim 1.
Claim 7 recites the limitation "the thickness of the radially-outer haptic wall" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the thickness of the radially-inner haptic wall " in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the thickness of the radially-outer haptic wall " in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claim(s) 1, 4, 6-8, 10, 30 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Park (US 2010/0063588 A1).
With respect to claim 1:
Park discloses an intraocular lens (intraocular lens 310), as can be seen in modified fig. 12 (attached) (paragraph [0128]), comprising:
an optic portion (optic portion 321) comprising an optic fluid chamber (first space portion 331) (paragraph [0133]); and
a haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) having a proximal end coupled to the optic portion (optic portion 321) and a distal free end (paragraphs [0084, 0093, 0128, 0133]), the haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) comprising a haptic fluid lumen (second space portion 333 and third space portion 335) extending through at least part of the haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) and in fluid communication with the optic fluid chamber (first space portion 331) (paragraphs [0133-0134]),
wherein the haptic fluid lumen (second space portion 333 and third space portion 335) is surrounded by a radially-outer haptic wall (see modified fig. 12, attached), a radially-inner haptic wall (see modified fig. 12, attached), an anterior haptic wall (see modified fig. 12, attached), and a posterior haptic wall (see modified fig. 12, attached), and
wherein a thickness of the anterior haptic wall is greater than the thickness of the posterior haptic wall (see modified fig. 12, attached).
With respect to claim 4:
Wherein the thickness refers to an anteroposterior thickness as measured in an anterior-to-posterior direction (spanning between the top and the bottom of the page in modified fig. 12, attached).
With respect to claim 6:
Wherein the thickness refers to an orthogonal thickness as measured in an orthogonal direction (spanning between the top and the bottom of the page in modified fig. 12, attached).
With respect to claim 7:
Wherein the thickness of the anterior haptic wall is greater than the thickness of the radially-outer haptic wall (see modified fig. 12, attached).
With respect to claim 8:
Wherein the anterior haptic wall (see modified fig. 12, attached) and the posterior haptic wall (see modified fig. 12, attached) are made of the same polymeric material (on piece made of polymer) (paragraphs [0104-0105, 0107]).
With respect to claim 10:
Wherein the thickness of the radially-inner haptic wall is greater than the thickness of the radially-outer haptic wall in a radial direction (see modified fig. 12, attached).
With respect to claim 30:
Park discloses an intraocular lens (intraocular lens 310), as can be seen in modified fig. 12 (attached) (paragraph [0128]), comprising:
an optic portion (optic portion 321) comprising an optic fluid chamber (first space portion 331) (paragraph [0133]); and
a haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) having a proximal end coupled to the optic portion (optic portion 321) and a distal free end (paragraphs [0084, 0093, 0128, 0133]), the haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) comprising a haptic fluid lumen (second space portion 333 and third space portion 335) extending through at least part of the haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) and in fluid communication with the optic fluid chamber (first space portion 331) (paragraphs [0133-0134]),
wherein a cross-sectional profile of the haptic (one of the haptics 123/ 323 made up of the combination of the connection bar 322 and the support bar 325) at a position along the haptic fluid lumen (second space portion 333 and third space portion 335) is asymmetric such that an anterior profile of the cross-sectional profile is not the same as a posterior profile of the cross-sectional profile (see modified fig. 12, attached).
Claim(s) 1-4, 6-7, 11, 30 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Esch et al. (US 2005/0119740 A1).
With respect to claim 1:
Esch et al. discloses an intraocular lens (IOL 90), as can be seen in figs. 9A-9C, comprising:
an optic portion (optic portion 90) comprising an optic fluid chamber (in combination the interior of lens piston 95 and portions of fluid channels 97) (paragraphs [0073-0074]); and
a haptic (one of haptic portions 92) having a proximal end coupled to the optic portion (optic portion 90) and a distal free end, the haptic (one of haptic portions 92) comprising a haptic fluid lumen (in combination a portion of fluid channels 97 and reservoirs 103) extending through at least part of the haptic (one of haptic portions 92) and in fluid communication with the optic fluid chamber (in combination the interior of lens piston 95 and portions of fluid channels 97) (paragraphs [0074, 0077-0078]),
wherein the haptic fluid lumen (in combination a portion of fluid channels 97 and reservoirs 103) is surrounded by a radially-outer haptic wall (as can be seen in modified fig. 9A-9C, attached), a radially-inner haptic wall (as can be seen in modified fig. 9A-9C, attached), an anterior haptic wall (as can be seen in modified fig. 9A-9C, attached), and a posterior haptic wall (as can be seen in modified fig. 9A-9C, attached), and
wherein a thickness of the anterior haptic wall is greater than the thickness of the posterior haptic wall (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 2:
Wherein the thickness of the anterior haptic wall is greater than the thickness of the posterior haptic wall at a corresponding radial position relative to the optic portion (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 3:
Wherein the thickness of the anterior haptic wall is greater than the thickness of the posterior haptic wall at a first radial position relative to the optic portion (as can be seen in modified fig. 9A-9C, attached), wherein the thickness of the anterior haptic wall is greater than the thickness of the posterior haptic wall at a second radial position relative to the optic portion (as can be seen in modified fig. 9A-9C, attached), and wherein the second radial position is radially closer to the optic portion than the first radial position (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 4:
Wherein the thickness refers to an anteroposterior thickness as measured in an anterior-to-posterior direction (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 6:
Wherein the thickness refers to an orthogonal thickness as measured in an orthogonal direction (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 7:
Wherein the thickness of the anterior haptic wall is greater than the thickness of the radially-outer haptic wall (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 11:
Wherein the radially-inner haptic wall tapers in shape as the radially-inner haptic wall gets closer to the optic portion (as can be seen in modified fig. 9A-9C, attached).
With respect to claim 30:
Esch et al. discloses an intraocular lens (IOL 90), as can be seen in figs. 9A-9C, comprising:
an optic portion (optic portion 90) comprising an optic fluid chamber (in combination the interior of lens piston 95 and portions of fluid channels 97) (paragraphs [0073-0074]); and
a haptic (one of haptic portions 92) having a proximal end coupled to the optic portion (optic portion 90) and a distal free end, the haptic (one of haptic portions 92) comprising a haptic fluid lumen (in combination a portion of fluid channels 97 and reservoirs 103) extending through at least part of the haptic (one of haptic portions 92) and in fluid communication with the optic fluid chamber (in combination the interior of lens piston 95 and portions of fluid channels 97) (paragraphs [0074, 0077-0078]),
wherein a cross-sectional profile of the haptic (one of haptic portions 92) at a position along the haptic fluid lumen is asymmetric such that an anterior profile of the cross-sectional profile is not the same as a posterior profile of the cross-sectional profile (as can be seen in modified fig. 9A-9C, attached).
Claim(s) 1-12, 23, 30 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by HILDEBRAND et al. (US 2018/0256315 A1).
With respect to claim 1:
HILDEBRAND et al. discloses an intraocular lens (intraocular lens 10), as can be seen in figs. 21-22, comprising:
an optic portion (optic portion 12) comprising an optic fluid chamber (optic fluid chamber 24) (paragraph [0090]); and
a haptic (one of haptics 46, 48) having a proximal end coupled to the optic portion (optic portion 12) and a distal free end (as can be seen in the figs.), the haptic (one of haptics 46, 48) comprising a haptic fluid lumen (fluid chamber 22) extending through at least part of the haptic (one of haptics 46, 48) and in fluid communication with the optic fluid chamber (optic fluid chamber 24) (paragraphs [0090, 0182]),
wherein the haptic fluid lumen (fluid chamber 22) is surrounded by a radially-outer haptic wall (radially outer wall 42), a radially-inner haptic wall (radially inner portion 40), an anterior haptic wall (from which ridge 46a, 48a extend), and a posterior haptic wall (from which ridge 46b, 48b would extend if it were present) (paragraphs [0109, 0182, 0188]), and
wherein a thickness (wall thickness including ridge 46a, 48a) of the anterior haptic wall (from which ridge 46a, 48a extend) is greater than the thickness (wall thickness without ridge 46b, 48b) of the posterior haptic wall (from which ridge 46b, 48b would extend if it were present) (when there are only ridges 46a, 48a on only an anterior side of the haptic 46, 48 the thickness on the anterior side within the ridges 46a, 48a will be thicker than on the posterior side without the ridge 46b, 48b) (paragraph [0188]).
With respect to claim 2:
Wherein the thickness of the anterior haptic wall (wall thickness including ridge 46a, 48a) is greater than the thickness of the posterior haptic wall (wall thickness without ridge 46b, 48b) at a corresponding radial position relative to the optic portion (when there are only ridges 46a, 48a on only an anterior side of the haptic 46, 48 the thickness on the anterior side within the ridges 46a, 48a will be thicker than on the posterior side without the ridge 46b, 48b) (paragraph [0188]).
With respect to claim 3:
Wherein the thickness of the anterior haptic wall (wall thickness including ridge 46a, 48a) is greater than the thickness of the posterior haptic wall (wall thickness without ridge 46b, 48b) at a first radial position (measured at the corner of the square ridge 46a, 48a closer to the radially outer wall 42) relative to the optic portion, wherein the thickness of the anterior haptic wall (wall thickness including ridge 46a, 48a)is greater than the thickness of the posterior haptic wall (wall thickness without ridge 46b, 48b) at a second radial position (measured at the corner of the square ridge 46a, 48a closer to the radially inner wall 40) relative to the optic portion, and wherein the second radial position (measured at the corner of the square ridge 46a, 48a closer to the radially inner wall 40)is radially closer to the optic portion than the first radial position (measured at the corner of the square ridge 46a, 48a closer to the radially outer wall 42).
With respect to claim 4:
Wherein the thickness refers to an anteroposterior thickness as measured in an anterior-to-posterior direction.
With respect to claim 5:
Wherein the thickness of the anterior haptic wall (wall thickness including ridge 46a, 48a) is measured from an anterior lumen wall surface to an anterior-most point along an exterior surface of the anterior haptic wall, and wherein the thickness of the posterior haptic wall (wall thickness without ridge 46b, 48b) is measured from a posterior lumen wall surface to a posterior-most point along an exterior surface of the posterior haptic wall, as can be seen in fig. 21.
With respect to claim 6:
Wherein the thickness refers to an orthogonal thickness as measured in an orthogonal direction (where the orthogonal direction is aligned with the anterior-posterior axis).
With respect to claim 7:
Wherein the thickness of the anterior haptic wall (wall thickness including ridge 46a, 48a) is greater than the thickness of the radially-outer haptic wall (radially outer wall 42), as can be seen in fig. 21.
With respect to claim 8:
Wherein the anterior haptic wall (from which ridge 46a, 48a extend) and the posterior haptic wall (from which ridge 46b, 48b would extend if it were present) are made of the same polymeric material (when ridge 46a, 48a is integral with the haptic) (paragraphs [0129, 0191]).
With respect to claim 9:
Wherein the anterior haptic wall (from which ridge 46a, 48a extend) is made of a different material than the posterior haptic wall (from which ridge 46b, 48b would extend if it were present) (when ridge 46a, 48a is made from a different material from the haptic, the anterior haptic wall (including the ridge 46a, 48a) includes an additional material/ is different from the material making up the posterior haptic wall (from which ridge 46b, 48b would extend if it were present)) (paragraph [0191]).
With respect to claim 10:
Wherein the thickness of the radially-inner haptic wall is greater than the thickness of the radially-outer haptic wall in a radial direction, as can be seen in fig. 21.
With respect to claim 11:
Wherein the radially-inner haptic wall tapers in shape as the radially-inner haptic wall gets closer to the optic portion, as can be seen in fig. 21.
With respect to claim 23:
HILDEBRAND et al. discloses a method of implanting an intraocular lens (intraocular lens 10), comprising:
removing at least part of an anterior capsular wall of a capsular bag of a subject to form a capsulorhexis (the structure is implanted via the capsulorhexis, and capsulorhexis is performed thru the anterior capsular wall) (paragraph [0135]);
removing cellular material from within the capsular bag using a capsular polishing tool (the tool used to remove the native lens within the capsular bag) (paragraphs [0087, 0118]); and
introducing the intraocular lens (intraocular lens 10) into the capsular bag through the capsulorhexis (paragraph [0135]), wherein the intraocular lens (intraocular lens 10) comprises:
an optic portion (optic portion 12) comprising an optic fluid chamber (optic fluid chamber 24) (paragraph [0090]); and
a haptic (one of haptics 14) having a proximal end coupled to the optic portion (optic portion 12) and a distal free end (as can be seen in the figs.), the haptic (one of haptics 14) comprising a haptic fluid lumen (fluid chamber 22) extending through at least part of the haptic (one of haptics 14) and in fluid communication with the optic fluid chamber (optic fluid chamber 24) (paragraph [0090]), wherein the haptic (one of haptics 14) is configured to maintain a shape of the haptic fluid lumen (fluid chamber 22) in response to forces applied to the haptic (one of haptics 14) as a result of capsular contraction post-implantation (as can be seen in figs. 5A and 5B the haptic fluid lumen (fluid chamber 22) “maintains a shape” as the shape of the chamber 22 has a general consistent shape/ outline) (paragraphs [0120-0126]).
With respect to claim 30:
HILDEBRAND et al. discloses an intraocular lens (intraocular lens 10), as can be seen in figs. 21-22, comprising:
an optic portion (optic portion 12) comprising an optic fluid chamber (optic fluid chamber 24) (paragraph [0090]); and
a haptic (one of haptics 46, 48) having a proximal end coupled to the optic portion (optic portion 12) and a distal free end (as can be seen in the figs.), the haptic (one of haptics 46, 48) comprising a haptic fluid lumen (fluid chamber 22) extending through at least part of the haptic (one of haptics 46, 48) and in fluid communication with the optic fluid chamber (optic fluid chamber 24) (paragraphs [0090, 0182]),
wherein a cross-sectional profile of the haptic (one of haptics 46, 48) at a position along the haptic fluid lumen (fluid chamber 22) is asymmetric such that an anterior profile of the cross-sectional profile (when there are only ridges 46a, 48a on an anterior side of the haptic 46, 48) is not the same as a posterior profile of the cross-sectional profile (the posterior side of the haptics 46, 48 do not have ridges) (paragraph [0188]).
Allowable Subject Matter
Claim(s) 12-15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim(s) 16-18 is/are allowable over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter: Examiner can find no references alone nor in combination which render obvious:
With respect to claim 12 and 16:
An IOL comprising:
an optic portion comprising an optic fluid chamber;
a haptic having a proximal end coupled to the optic portion and a distal free end, the haptic comprising a haptic fluid lumen extending through at least part of the haptic and in fluid communication with the optic fluid chamber; and
one or more support columns disposed within the haptic fluid lumen, and wherein the one or more support columns are configured to maintain a shape of the haptic fluid lumen in response to forces applied to the haptic as a result of capsular contraction. (Note: Esch et al. discloses an IOL with an optic portion containing a fluid optic chamber and a haptic coupled thereto with a haptic fluid lumen. Additionally, Esch et al. discloses an internal structure within the haptic fluid lumen. However, Esch et al. does not disclose the aforementioned internal structure as configured to/ capable of maintaining the shape of the haptic fluid lumen. Instead, Esch et al. discloses the haptic fluid lumen as configured to/ intending to change shape in response to forces applied by the capsular bag (the opposite of the claimed subject matter).)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA S PRESTON whose telephone number is (571)270-5233. The examiner can normally be reached M, W: 9-5; T, Th, F: 9-1.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerrah Edwards can be reached at (408)918-7557. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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REBECCA STRASZHEIM PRESTON
Primary Examiner
Art Unit 3774
/REBECCA S PRESTON/ Primary Examiner, Art Unit 3774
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