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 .
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.
Claim Rejections - 35 USC § 102
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.
Claims 1-6, 8-15, 17-18, 20, and 39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smiley et al. (US 20210100649 A1).
Regarding claim 1, Smiley discloses an intraocular lens (100), comprising: an optic portion (102) comprising an optic fluid chamber (106); a haptic (104a/b) having a proximal end coupled to the optic portion and a distal end (see fig. 1a; ¶ 0031), wherein the haptic comprises a haptic lumen (108) extending through at least part of the haptic and in fluid communication with the optic fluid chamber (106; ¶ 0078); and a plurality of haptic isolators (136/138/140; ¶ 0109) disposed within the haptic lumen (see fig. 1a).
Regarding claim 2, Smiley discloses the invention as claimed as discussed above with respect to claim 1. Smiley further discloses that the haptic lumen is surrounded by a radially-outer haptic wall (134), a radially-inner haptic wall (132), an anterior haptic wall, and a posterior haptic wall (see figs. 2a-b below).
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Regarding claim 3, Smiley discloses the invention as claimed as discussed with respect to claim 2. Smiley further discloses that the haptic isolators are capable of limiting any radial movement of the radially-outer haptic wall to between 0 and 10 microns in response to laser light directed at the haptic as the haptic isolator configured as a chamber expander 312 expands the haptic lumen 108 in an anterior-posterior direction in response to a burst of external energy, i.e. laser light energy, see ¶ 0204 - ¶ 0206 and ¶ 0189, which prevents from putting pressure on surrounding walls).
Regarding claim 4, Smiley discloses the invention as claimed as discussed with respect to claim 2. Smiley further discloses that the haptic isolators (312) extend from the anterior haptic wall to the posterior haptic wall of the haptic (see fig. 3b; ¶ 0100).
Regarding claim 5, Smiley discloses the invention as claimed as discussed with respect to claim 2. Smiley further discloses that each of the haptic isolators comprises lateral sides (¶ 0184 and ¶ 0200 disclose that the haptic isolators 138/140 may be shaped as elongated cuboids or other polyhedrons, i.e. 3-D shapes that comprise lateral sides), and wherein none of the lateral sides of the haptic isolators physically contact the radially-inner haptic wall or the radially-outer haptic wall (fig. 1a illustrates haptic isolators 140 that do not contact the radially-inner haptic wall or the radially-outer haptic wall; also see fig. 3c, ¶ 0188, and ¶ 0204).
Regarding claim 6, Smiley discloses the invention as claimed as discussed with respect to claim 2. Smiley further discloses that the haptic isolators (140) are positioned radially closer to the radially-inner haptic wall (132) than the radially-outer haptic wall (134; see fig. 1b below).
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Regarding claim 8, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that at least one of the haptic isolators is configured as a column (see haptic isolator 312 configured as a column in fig. 3b).
Regarding claim 9, Smiley discloses the invention as claimed as discussed with respect to claim 8. Smiley further discloses that the column has a substantially circular transverse cross-section (¶ 0200).
Regarding claim 10, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that at least one of the haptic isolators has a substantially rectangular transverse cross-section, a substantially triangular transverse cross-section, or a substantially oval transverse cross-section (¶ 0184).
Regarding claim 11, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that the plurality of haptic isolators (136/138/140) are arranged as a curved colonnade within the haptic lumen (see fig. 1a; ¶ 0115).
Regarding claim 12, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that the plurality of haptic isolators (136/138/140) are positioned at fixed intervals along at least a segment of the haptic lumen (fig. 1a illustrates haptic isolators that are generally evenly spaced, i.e. positioned at fixed intervals; also see ¶ 0103).
Regarding claim 13, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that the haptic comprises between three and twenty haptic isolators (see fig. 1a; ¶ 103).
Regarding claim 14, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that each of the haptic isolators comprises an isolator anterior end, an isolator posterior end, and an isolator segment in between the isolator anterior end and the isolator posterior end, wherein a width or diameter of at least one of the isolators anterior ends and the isolator posterior end is greater than the isolator segment in between the isolator anterior end and the isolator posterior end (¶ 0184 and ¶ 0200 disclose that the haptic isolators 138/140 may be shaped as elongated cuboids or other polyhedrons, i.e. the haptic isolator may be for example a triangular pyramid, square pyramid, pentagonal pyramid, etc. all of which have a posterior end/base, an anterior end/peak/point, and a mid-segment therebetween, in which the posterior end/base has a greater width than the mid-segment. See example below.).
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Regarding claim 15, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that the width or diameter of at least one of the haptic isolators (310/312) remains constant along a length or height of the haptic isolator (see figs. 3c/d).
Regarding claim 17, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that the haptic isolators are arranged in the shape of an arc (see fig. 1a; ¶ 0115), wherein the haptic isolators comprise a distally-most haptic isolator and a proximally-most haptic isolator serving as endpoints of the arc, wherein the arc is measurable by a central angle or arc angle, and wherein the central angle or arc angle is between 70 degrees and 74 degrees (fig. 1a annotated below illustrates that the angle between a distally-most haptic isolator and a proximally-most haptic isolator is about 89 degrees, however ¶ 0107, ¶ 0110, and ¶ 0111 disclose that the haptic lumen/fluid chamber 108 can comprise between five and ten haptic isolators/peripheral components 136, 138, and 140 as shown in figs. 1a-b, i.e. the central angle or arc may comprise a range of 70 to 74 degrees, see example below in which a haptic lumen/fluid chamber 108 comprises six haptic isolators/peripheral components 140 and the central angle or arc angle is between 70 and 74 degrees).
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Regarding claim 18, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that the haptic comprises at least one of a lumen filler and a lumen expander made of a composite material (¶ 0098 - ¶ 0099 disclose that the peripheral portion/haptic 103 may comprise lumen fillers/space fillers and lumen expanders/chamber expanders made of composite material), wherein the composite material is configured to expand in response to receiving laser light directed at the lumen filler or the lumen expander (¶ 0098 - ¶ 0099 further discloses that the lumen fillers/space fillers and lumen expanders/chamber expanders are configured to expand in response to an external energy, e.g. laser light energy in ¶ 0189; see figs. 3c-d), and wherein the haptic isolators are not made of the composite material (¶ 0161 - ¶ 0163 disclose that parts of the peripheral portion 103 may not be made of composite material, i.e. haptic isolators/peripheral components 136/138/140).
Regarding claim 20, Smiley discloses an intraocular lens (100), comprising: an optic portion (102); a haptic (104a/b) having a proximal end coupled to the optic portion and a distal end (see fig. 1a; ¶ 0031), wherein the haptic (104a/b) comprises a haptic lumen (108) extending through at least part of the haptic; and a plurality of haptic isolators (136/138/140; ¶ 0109) disposed within the haptic lumen in an arc formation (see fig. 1a).
Regarding claim 39, Smiley discloses an intraocular lens (100), comprising: an optic portion (102); a haptic having a proximal end coupled to the optic portion and a distal end (see fig. 1a; ¶ 0031), wherein the haptic (104a/b) comprises a haptic lumen (108) extending through at least part of the haptic; and one or more isolating blocks (136/138/140; ¶ 0109) disposed within the haptic lumen (see fig. 1a), wherein at least one of the one or more isolating blocks comprises a non-circular transverse cross-section (¶ 0184).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Smiley et al. (US 20210100649 A1) as applied to claim 6 above, and further in view of Grasso et al. (WO 2010125596 A1).
Regarding claim 7, Smiley discloses the invention as claimed as discussed with respect to claim 6. Smiley further discloses that a lateral side of at least one of the haptic isolators (140) closest to the radially-inner haptic wall (132) is separated from the radially-inner haptic wall by an inner separation distance, and wherein another lateral side of the haptic isolator closest to the radially-outer haptic wall is separated from the radially-outer haptic wall by an outer separation distance (¶ 0184 and ¶ 0200 disclose that the haptic isolators 138/140 may be shaped as elongated cuboids or other polyhedrons, i.e. 3-D objects that comprise lateral sides. Also see fig. 1b above illustrating haptic isolators with lateral separation distances). Smiley fails to disclose that the outer separation distance is between 1.5X to 3X greater than the inner separation distance.
Grasso also discloses an intraocular lens (fig. 16; 101), comprising: a haptic (102). Grasso teaches that a haptic isolator’s lateral side may have an outer separation distance between 1.5X to 3X greater than the inner separation distance due to the configuration/placement of the haptic isolators in which both are placed parallel to one another right in the center of the haptic (fig. 16; pg. 12 lines 13-15) and in which one of the haptics has a lateral side with a greater separation distance from the outer haptic wall compared to the inner haptic wall. Furthermore, Grasso discloses that the number of elements, haptic isolators, introduced in each haptic can be varied (pg. 7 lines 8-12), i.e. a person of ordinary skill the art would understand that reducing or increasing a number of haptic isolators adjacent to one another could reduce or increase the separation distance from the radially outer haptic wall or the radially outer inner wall, the radially-outer separation distance falling between 1.5X to 3X greater than the radially-inner separation distance.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the haptic isolators of Smiley to include that the outer separation distance is between 1.5X to 3X greater than the inner separation distance as this modification exemplified in Grasso (fig. 16) allows the haptic isolators with lateral sides closer to the inner haptic wall to counter-act the forces, e.g. laser light energy, imposed on a neighboring haptic isolator, e.g. haptic isolator closer to outer haptic wall, to keep the haptic from moving or changing shape (see Grasso abstract, pg. 7 lines 17-19, and pg. 9 lines 11-14).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Smiley et al. (US 20210100649 A1).
Regarding claim 16, Smiley discloses the invention as claimed as discussed with respect to claim 1. Smiley further discloses that each of the haptic isolators is measurable by an isolator width or diameter and an isolator length or height, and wherein the isolator length or height of at least one of the haptic isolators may be more than double the isolator width or diameter as it is disclosed that haptic isolator can shaped as a cuboid or other polyhedrons (¶ 0184 discloses that the haptic isolators 138 may be configured to fill haptic lumen from an anterior to posterior haptic lumen wall; see figs. 3c-d) those of which include a rectangular prism which may comprise a length or height more than double the isolator width or diameter.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the haptic isolators of Smiley to include the isolator length or height of at least one of the haptic isolators may be more than double the isolator width or diameter, as taught by Smiley, in order to permit the modified haptic isolators to expand in response to a burst of external energy (¶ 0188).
Conclusion
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/A.G.B./Examiner, Art Unit 3774
/MELANIE R TYSON/Supervisory Patent Examiner, Art Unit 3774
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