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 § 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.
Claim(s) 1, 6-8 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 10,376,414 to Hallen et al.
In regards to claim 1, Hallen recites an optical fiber system (Figures 1-4), comprising: an aspiration tube (166); an optical fiber (202; Column 5, Lines 26-45) external to the aspiration tube; and a sleeve (154) surrounding the optical fiber and the aspiration tube, the sleeve comprising: a distal portion that defines a channel (186) extending between the aspiration tube and a distal opening of the sleeve, wherein the channel and the aspiration tube define an aspiration pathway, and the optical fiber is partially disposed within the channel.
In regards to claim 6, Hallen recites an optical fiber system (Figures 1-4), comprising: an aspiration tube (166); an optical fiber (202) external to the aspiration tube; and a distal cap (154), the distal cap comprising: a channel (186) extending between the aspiration tube and a distal opening, the channel and the aspiration tube defining an aspiration pathway, the optical fiber being partially disposed within the channel.
In regards to claim 7, Hallen recites the aspiration pathway is further defined by a hypotube (168) positioned at a distal end of the aspiration tube.
In regards to claim 8, Hallen recites an optical fiber port surrounds a distal portion of the optical fiber and terminates at the distal opening of the distal cap.
In regards to claim 11, Hallen recites an optical fiber system (Figures 1-4), comprising: an aspiration tube (166); an optical fiber (202) external to the aspiration tube; and a distal cap (154), the distal cap comprising: a hypotube (168) disposed at a distal end of the aspiration tube, the hypotube having a hypotube opening; and a channel (186) extending between the aspiration tube and the distal opening, the channel and the aspiration tube defining an aspiration pathway, the hypotube being disposed within the channel.
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.
Claim(s) 2, 3, 9, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 10,376,414 to Hallen et al as applied to claims 1, 6 and 11 above and in further view of U.S. Patent Application Publication 2020/0281769 to Lopez et al.
In regards to claims 2, 9 and 12, Hallen recites all discussed above but fails to expressly recite the channel/hypotube is angled towards an optical fiber guide and terminates at the distal opening. However, Lopez also teaches an optical fiber system/vitrectomy probe. Lopez further teaches the distal end to be beveled, angled or flat for the purpose of directing the sample as desired. Since Hallen and Lopez are from the same field of endeavor and further since Lopez teaches a flat or angled surface to function equally as well, it would have been obvious before the effective filing date to a person having ordinary skill in the art to have provided the channel/hypotube is angled towards an optical fiber guide and terminates at the distal opening.
In regards to claims 3 and 13, Hallen recites the optical fiber guide partially surrounds the optical fiber and terminates at the distal opening.
Allowable Subject Matter
Claims 4, 5, 10, 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regards to claims 4 and 5, the prior art of record fails to disclose or reasonably suggest the distal portion of the sleeve includes a flange extending away from the optical fiber guide in addition to the accompanying features of the independent claim and any intervening claims.
In regards to claim 10, the prior art of record fails to disclose or reasonably suggest a distal portion of the distal cap includes a flange extending away from the optical fiber port in addition to the accompanying features of the independent claim and any intervening claims.
In regards to claims 14 and 15, the prior art of record fails to disclose or reasonably suggest a distal portion of the distal cap includes a flange extending away from the optical fiber port in addition to the accompanying features of the independent claim and any intervening claims.
References Cited
The references cited made of record and not relied upon is considered pertinent to applicant’s disclosure. None of the documents cited by the Examiner discloses or reasonably suggests the allowable subject matter discussed above.
The documents submitted by applicant in the Information Disclosure Statements have been considered and made of record. Note attached copy of forms PTO-1449. None of the references submitted by Applicant discloses or reasonably suggest the allowable subject matter discussed above.
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TINA M WONG whose telephone number is (571)272-2352. The examiner can normally be reached M-F 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at (571) 272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINA WONG/Primary Examiner, Art Unit 2874
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