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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species C (claims 1-13, figures 4-5B) in the reply filed on May 20, 2026 is acknowledged.
Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 20, 2026.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walter (US20130231605).
Regarding claim 1, Walter discloses a surgical instrument for phacoemulsification procedures comprising: a handpiece assembly (100h); and a cleaning member (10) coupled with the handpiece assembly, the cleaning member configured to be inserted into an anterior chamber of an eye of a patient and into a capsular bag of the eye (figure 4), wherein the cleaning member includes one or more polishing elements (10t) configured to detach material from the capsular bag.
Regarding claim 2, Walter discloses all of the limitations set forth in claim 1, wherein the one or more polishing elements (10t) include one or more wiping edges (26, figure 1) configured for wiping a surface of the capsular bag, one or more polishing surfaces configured for polishing the capsular bag, or a combination thereof (paragraph 0064).
Regarding claim 3, Walter discloses all of the limitations set forth in claim 1, wherein the handpiece assembly includes a handpiece portion (hub) removably attached to a grip portion (paragraph 0021).
Regarding claim 4, Walter discloses all of the limitations set forth in claim 1, wherein the handpiece assembly comprises a shaft (12), and wherein the shaft is coupled with the cleaning member (figures 4-6).
Regarding claim 5, Walter discloses all of the limitations set forth in claim 1, wherein the cleaning member has a curvilinear or arc shape (tip is round and shaft is cylindrical figures 4-6).
Regarding claim 6, Walter discloses all of the limitations set forth in claim 2, further comprising a groove (dimples, paragraph 0079) disposed between a first wiping edge and a second wiping edge of the one or more wiping edges (figures 10D).
Regarding claim 7, Walter discloses all of the limitations set forth in claim 2, wherein at least of the one or one or more polishing surfaces is substantially smooth for polishing the capsular bag (paragraph 0064).
Regarding claim 8, Walter discloses all of the limitations set forth in claim 2, wherein the one or more polishing surfaces includes a textured material or brush configured to detach material from surfaces of the capsular bag (textured material, paragraph 0079, 0064).
Regarding claim 9, Walter discloses all of the limitations set forth in claim 2, wherein the one or more polishing surfaces includes a generally rounded portion having sufficient surface area configured for polishing the capsular bag (figures 4-6).
Regarding claim 10, Walter discloses all of the limitations set forth in claim 2, wherein the one or more polishing surfaces includes a first polishing surface configured for polishing the capsular bag and a second polishing surface for polishing the capsular bag (figure 13B, paragraph 0081).
Regarding claim 11, Walter discloses all of the limitations set forth in claim 10, further comprising a groove (dimples, paragraph 0079) disposed between the first polishing surface and the second polishing surface.
Regarding claim 12, Walter discloses all of the limitations set forth in claim 210, wherein the first polishing surface and the second polishing surface form a V-shaped pattern (paragraph 0081).
Regarding claim 13, Walter discloses all of the limitations set forth in claim 21, wherein the cleaning member is fabricated from a soft material (paragraph 0068).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH TIEU DANG whose telephone number is (571)270-3221. The examiner can normally be reached Monday-Thursday (9am-4pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached at (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH T DANG/
Primary Examiner, Art Unit 3771
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