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 .
Detailed Action
This is in response to the amendment filed 01/22/2026.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/22/2026 has been entered.
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.
Claim(s) 1, 5, 6, 7 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication Number 2020/0038008 (Depenbusch)
Regarding claims 1, 7 Depenbusch discloses as shown in Figure 8, a multiple curved cannula (chamber maintainer 800, see paragraph [0094]), comprising: a proximal curved segment (generally indicated as A) having a proximal end and a distal end; a proximal straight segment (generally indicated as B) having a longitudinal axis, a proximal end and a distal end, wherein the distal end of the proximal straight segment is adjacent the proximal end of the proximal curved segment; and a distal curved segment (Generally indicated as C) having a proximal end and a distal end, wherein the proximal end of the distal curved segment is adjacent the distal end of the proximal curved segment to form the multiple curved cannula, and wherein the distal end of the distal curved segment is in axial alignment with the longitudinal axis of the proximal straight segment, wherein a location of a first center of a first radius of a first curvature for the distal curved segment is different than a location of a second center of a second radius of a second curvature for the proximal curved segment.
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Regarding claims 5, 6 Depenbusch a lumen; and wherein a medical device (needle 325, see paragraph [0070) can pass through the lumen (see paragraph [0061]) and exit the multiple curved cannula via the distal end of the distal curved segment, wherein the medical device can enter through the proximal end of the proximal curved segment and pass through the lumen to the distal end of the distal curved segment.
Regarding claims 9, 10 Depenbusch wherein a length of the distal curved segment (a length can be a portion of the curved segment, not necessarily the length of the segment; in this case .1 mm of the distal curved segment) is less than a length of the proximal curved segment (a length can be a portion of the curved segment, not necessarily the length of the segment; in this case 1 mm of the proximal curved segment), wherein a length of the proximal straight segment (.1 mm) is less than a length of the distal curved segment (1 mm) and less than a length of the proximal curved segment (.5 mm).
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(s) 1, 3-13, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2013/0267758 (Brigatti et al.) in view of U.S. Patent Publication Number 2020/0038008 (Depenbusch)
Regarding claim 1, Brigatti et al. discloses a shown in Figure 1A, a multiple curved cannula, comprising: a proximal curved segment (proximal portion 120, see paragraph [0028]) having a proximal end and a distal end; a proximal straight segment (segment with zero curvature, see paragraph [0130]) having a longitudinal axis, a proximal end and a distal end, wherein the distal end of the proximal straight segment is adjacent the proximal end of the proximal curved segment; and a distal curved segment (distal portion 110, see paragraph [0028]) having a proximal end and a distal end, wherein the proximal end of the distal curved segment is adjacent the distal end of the proximal curved segment to form the multiple curved cannula.
Brigatti fails to disclose wherein the distal end of the distal curved segment is in axial alignment with the longitudinal axis of the proximal straight segment.
Depenbusch, from the same field of endeavor teaches a similar multiple curved cannula discloses as shown in Figure 8, a multiple curved cannula (chamber maintainer 800, see paragraph [0094]), comprising: a proximal curved segment (generally indicated as A) having a proximal end and a distal end; a proximal straight segment (generally indicated as B) having a longitudinal axis, a proximal end and a distal end, wherein the distal end of the proximal straight segment is adjacent the proximal end of the proximal curved segment; and a distal curved segment (Generally indicated as C) having a proximal end and a distal end, wherein the proximal end of the distal curved segment is adjacent the distal end of the proximal curved segment to form the multiple curved cannula, and wherein the distal end of the distal curved segment is in axial alignment with the longitudinal axis of the proximal straight segment, wherein a location of a first center of a first radius of a first curvature for the distal curved segment is different than a location of a second center of a second radius of a second curvature for the proximal curved segment for the purpose of more closely conforming the catheter to the anatomy of the eye (the curvature of the cornea 115).
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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 multiple curved cannula disclosed by Brigatti such that the distal end of the distal curved segment is in axial alignment with the longitudinal axis of the proximal straight segment in order to more closely conform the catheter to the anatomy of the eye (the curvature of the cornea 115).
Regarding claim 3, 4 Brigatti et al. discloses further comprising an inserter handle (handle 140, see paragraph [0028]) coupled to the proximal end of the proximal straight segment, wherein the inserter handle coupled to the proximal end of the proximal straight segment comprises the inserter handle adjoined to the proximal end of the proximal straight segment.
Regarding claims 5-7 Brigatti et al. discloses further comprising: a lumen; and wherein a medical device can pass through the lumen and exit the multiple curved cannula via the distal end of the distal curved segment. See paragraph [0028] disclosing a guidewire advanced through the cannula which would necessarily require a lumen, wherein the medical device can enter through the proximal end of the proximal curved segment and pass through the lumen to the distal end of the distal curved segment, wherein a location of a first center of a first radius of a first curvature for the distal curved segment is different than a location of a second center of a second radius of a second curvature for the proximal curved segment.
Regarding claim 8, Brigatti et al. discloses wherein a length of the distal curved segment ranges from 0.1 mm to 12 mm and/or a length of the proximal curved segment ranges from 0.1 mm to 12 mm. see paragraph [0020] disclosing a length of at least 12 mm and the length beyond that is considered unrecited subject matter.
Regarding claims 9-11, Brigatti et al. discloses wherein a length of the distal curved segment is less than a length of the proximal curved segment, wherein a length of the proximal straight segment is less than a length of the distal curved segment and less than a length of the proximal curved segment, wherein the distal curved segment defines a first arc of a first circle having a first circumference and the proximal curved segment defines a second arc of a second circle having a second circumference that is greater than the first circumference. See paragraphs [0020], [0021].
Regarding claim 17, Brigatti et al. discloses wherein the proximal curved segment is aligned with a first plane and the distal curved segment is aligned with a second plane that is rotated relative to the first plane. See paragraph [0170].
Regarding claim 12, 13, 15-16 Brigatti et al. discloses wherein the first circumference is capable of approximating a circumference of Schlemm's canal in a mammalian eye, wherein the distal curved segment comprises a circumference that is capable of substantially corresponding to a circumference of a medical device that can be inserted in a lumen of the multiple curved cannula, wherein the longitudinal axis of the proximal straight segment is aligned with a longitudinal axis of an inserter handle coupled to the proximal end of the proximal straight segment, wherein the proximal curved segment and the distal curved segment are aligned in a x-y plane, wherein the proximal curved segment curves to the left in the x-y plane and the distal curved segment curves to the right in the x-y plane (depending how you orient the handle by hand). See Figure 1A and paragraphs [0020], [0021].
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication Number 2020/0038008 (Depenbusch) in view of U.S. Patent Number 5,342,325 (Lun et al.)
Regarding claims 3, 4 Depenbusch fails to disclose an inserter handle coupled to the proximal end of the proximal straight segment.
Lun et al., from the same field of endeavor teaches a similar multiple curved cannula as shown in Figure 1, where coupled to a proximal end of a proximal segment is an inserter handle (inserter 19, see col. 4, lines 43-52), the inserter handle coupled to the proximal end of the proximal straight segment comprises the inserter handle adjoined to the proximal end of the proximal straight segment.
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 multiple curved cannula disclosed by Depenbusch to include the inserter handle taught by Lun such that it was coupled to the proximal end of the proximal straight segment, the inserter handle coupled to the proximal end of the proximal straight segment comprises the inserter handle adjoined to the proximal end of the proximal straight segment, in order to navigate a portion of the multiple curved cannula coupled to the proximal end of the proximal straight segment with a handle.
Response to Arguments
Applicant’s arguments filed 03/09/2026. See pages 6-16 with respect to the rejection of claim(s) 1, 3-13, 15-17 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD G LOUIS whose telephone number is 571-270-1965. The examiner can normally be reached on Monday – Friday, 9:30 – 6:00 pm.
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/RICHARD G LOUIS/Primary Examiner, Art Unit 3771
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