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 Objections
Claim 9 is objected to because of the following informalities:
Claim 9 uses the word “preferably”. The examiner notes that limitations that follow “preferably” are interpreted to not be required. The applicant should remove the word “preferably” if they want the limitations that follow to be required. See MPEP 2173.05(d).
Appropriate correction is required.
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.
Claims 14-16 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 14 recites “A cassette to be received in the console as claimed in claim 1, wherein a slot-shaped recess and at least one receptacle are formed in the cassette for a purpose of receiving alignment pins of the cassette holder of the console.” This is unclear because claim 1 has been amended to positively require a cassette as part of the console. As best understood, the console of the instant invention is not designed to accept multiple cassettes simultaneously, which claim 14 requires. The applicant should amend claim 14 to clarify that it is further limiting the cassette already claimed in claim 1, or that it refers to a secondary/replacement cassette that is intended to be used at a different time than the cassette of claim 1 (assuming this is supported in the specification). The examiner also notes that “the cassette” in claim 14 is unclear as it could be referring to the one introduced in line 1 of the claim or that of claim 1.
Claim 15 is rejected as it depends from claim 14.
Claim 16 requires “the console as claimed in claim 1, and having a cassette to be received in the console”. However, this is now unclear due to the amendments to claim 1, which now states that the console includes a cassette. In other words, Claim 16 requires two cassettes, and as best understood, the console of the instant invention is not designed to accept multiple cassettes simultaneously. Additionally, “the cassette” (two instances) in claim 16 is unclear as it could be referring to the one introduced in claim 16 or that of claim 1.
Allowable Subject Matter
Claims 1-3, 5, and 9-13 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, the closest prior art of record is Baxter et al. (US 2014/0178215 A1, cited previously and hereafter “Baxter”) and/or Lawles et al (US 6231320 B1, cited previously and hereafter “Lawles”). Similar to what was noted in the previous office action (see 4/10/26 Non-Final rejection), Lawles (and Baxter) are silent to at least the cassette configured to control a flow of an irrigation fluid to a surgical instrument for an eye to be treated, wherein the clamping device is adjustable into a positioning position, in which the cassette is at least partially engaged around by a pivoting of the clamping device and is positioned in the cassette holder, wherein each of the at least two clamping hooks has a lever arm, which is arranged in such a way that, upon insertion of the cassette into the cassette holder, a pivoting of each of the at least two clamping hooks is effected counter to the force of the corresponding return spring, wherein each of the at least two clamping hooks is connected to a pull rod via a securing pin, the securing pin forming a pivot axis thereof, and wherein each of the at least two clamping hooks is connected to a wedge surface, the wedge surface causing the return spring to compress during pivoting of the clamping device from the open position to the positioning position in combination with the rest of the limitations of claim 1.
Response to Arguments
Applicant’s Remarks submitted 7/1/26 have been considered.
With regard to the Remarks concerning the previous rejections under 35 U.S.C. § 112(b), the Remarks are moot/persuasive as the claim amendments have obviated the previous issues. However, the claim amendments have also introduced new issues as noted above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James D Ponton whose telephone number is (571)272-1001. The examiner can normally be reached M-F 9am-5pm.
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, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James D Ponton/Primary Examiner, Art Unit 3783
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