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 § 103
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 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.
Claim(s) 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Raquin et al (US 20160074155 A1) “Raquin”.
Regarding Claim 1, the first embodiment of Raquin teaches a cartridge injector system (injector device 1, par. [0133], Fig. 1) for use in an implantation of at least one lens (intraocular lens 14, par. [0138], Fig. 2) into an eye, comprising
at least one rotating member (cassette 6, par. [0140], Fig. 2) allowed for bending the folding section by inserting into the cartridge, but does not teach a cartridge with a folding section comprising a base, first and second flaps, and an insertion groove.
However, another embodiment of Raquin teaches at least one cartridge (device 9, par. [0141], Fig. 2) having at least one folding section (Fig. 11) for positioning the lens on the folding section and at least partially bending ends of the lens towards each other,
wherein the folding section for bending the lens from the ends of the lens in a predetermined manner comprises at least one base (base part 36, par. [0153], Fig. 11), at least one first flap (cover flap 19, par. [0153], Fig. 11) and at least one second flap (cover flap 20, par. [0153], Fig. 11) provided on opposite sides of the base (base part 36) in a way that the first flap and the second flap are allowed to be bent to each other, and at least one insertion groove (indent at ends 43 and 51, par. [0166], Fig. 11) for placing the ends of the lens on the first flap and the second flap. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include a cartridge with a folding section comprising a base, first and second flaps, and an insertion groove, as taught by another embodiment of Raquin, in order to ensure proper folding and securing of the intraocular lens in the injector device (pars. [0153] and [0172]).
Regarding Claim 2, the first embodiment of Raquin further teaches the cartridge injector system according to claim 1, wherein the cartridge injector system comprises at least one concave form (elevations 19b and 20b, par. [0158], Fig. 6) for leaning the lens while rotating in a vicinity of the insertion grooves.
Regarding Claim 3, the first embodiment of Raquin does not teach the cartridge injector system comprising at least one jaw. However, another embodiment of Raquin teaches the cartridge injector system according to claim 1, wherein the cartridge injector system comprises at least one jaw (thickenings 44 and 45, par. [0158], Fig. 11) in a vicinity of the insertion grooves, wherein the lens is allowed to be held in case of separation from the insertion grooves. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include the cartridge injector system comprising at least one jaw, as taught by another embodiment of Raquin, in order to ensure proper folding of the intraocular lens in the injector device (par. [0172]).
Regarding Claim 4, the first embodiment of Raquin does not teach the cartridge injector system comprising at least one notch. However, another embodiment of Raquin teaches the cartridge injector system according to claim 1, wherein the cartridge injector system comprises at least one notch (hinges 37 and 38, par. [0153], Fig. 11) between the first flap and the second flap to improve a rotatability the first flap and the second flap relative to the base. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include the cartridge injector system comprising at least one notch, as taught by another embodiment of Raquin, in order to ensure proper folding and support of the intraocular lens in the injector device (par. [0153]).
Regarding Claim 5, the first embodiment of Raquin does not teach the rotating member comprising a bending form. However, another embodiment of Raquin teaches the cartridge injector system according to claim 1, wherein the rotating member (cassette 6, par. [0140], Fig. 2) comprises at least one bending form (engaging space 21, par. [0143], Fig. 29) for bending the first flap and the second flap towards each other in the folding section. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include the rotating member comprising a bending form, as taught by another embodiment of Raquin, in order to ensure proper folding of the intraocular lens in the injector device (pars. [0140] and [0143]).
Regarding Claim 6, the first embodiment of Raquin does not teach a bending form with first and second rotating channels. However, another embodiment of Raquin teaches the cartridge injector system according to claim 5, wherein the bending form (engaging space 21, par. [0143], Fig. 29) comprises at least one first rotating channel (portion of interior 11 facing cover flap 19, Fig. 8) to rotate the first flap and at least one second rotating channel (portion of interior 11 facing cover flap 20, Fig. 8) to rotate the second flap. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include a bending form with first and second rotating channels, as taught by another embodiment of Raquin, in order to ensure proper folding of the intraocular lens in the injector device (pars. [0143] and [0161]).
Regarding Claim 7, the first embodiment of Raquin further teaches the cartridge injector system according to claim 5, wherein the bending form comprises at least one pushing protrusion (piston 5, par. [0152], Fig. 4) for forcing at least one of the first flap and the second flap to rotate.
Regarding Claim 8, the first embodiment of Raquin does not teach a bending form comprising at least one locking ridge. However, another embodiment of Raquin teaches the cartridge injector system according to claim 5, wherein the bending form comprises at least one locking ridge (hook-shaped securing bracket 69, par. [0197], Fig. 29). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include a bending form comprising at least one locking ridge, as taught by another embodiment of Raquin, in order to secure the intraocular lens in the injector device (par. [0197]).
Regarding Claim 9, the first embodiment of Raquin does not teach a cartridge comprising at least one flange. However, another embodiment of Raquin teaches the cartridge injector system according to claim 1, wherein the cartridge comprises at least one flange (delimiting wall 17, par. [0140], Fig. 25). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include a cartridge comprising at least one flange, as taught by another embodiment of Raquin, in order to ensure proper folding of the intraocular lens in the injector device (par. [0140]).
Regarding Claim 10, the first embodiment of Raquin does not teach a cartridge injector system comprising at least one nozzle protrusion. However, another embodiment of Raquin teaches the cartridge injector system according to claim 1, wherein the cartridge injector system comprises at least one nozzle protrusion (closing tip 15, par. [0140], Fig. 25) on a side of a flange facing the folding section. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the structure disclosed by the first embodiment of Raquin to include a cartridge injector system comprising at least one nozzle protrusion, as taught by another embodiment of Raquin, in order to ensure proper folding of the intraocular lens in the injector device (par. [0140]).
Regarding Claim 11, the first embodiment of Raquin further teaches the cartridge injector system according to claim 10, wherein the cartridge injector system comprises at least one flap receiving protrusion (support slide 10, par. [0134], Fig. 1) provided on at least one of the first flap and the second flap to be leaned against the nozzle protrusion.
Regarding Claim 12, the first embodiment of Raquin further teaches the cartridge injector system according to claim 1, wherein the cartridge comprises at least one channel (receiving space 8, par. [0134], Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATALIE NICOLE THOMAS whose telephone number is (571)272-0004. The examiner can normally be reached Monday - Friday 8:30am-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, 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.
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.
/NATALIE N THOMAS/
Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774
Prosecution Insights