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 Species 2, shown in Figs. 4-6 in the reply filed on 05/08/2026 is acknowledged. Claims 1 and 4-8 are pending.
Drawings
The drawings are objected to because the specification identifies element 41 as a handle; element 40 as a movement part; and element 42 as two links. Fig. 4 includes references numbers 41, 40 and 42 however reference numeral 42 absolutely does not identify two links, and reference numeral 41 does not identify the handle. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 4-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because in claim 4, applicant positively recites part of a human, i.e. "inserted into an inside of the upper eyelid to support the upper eyelid.” See also lines 7-8. Thus claim 4 includes a human within its scope and is non-statutory.
A claim directed to or including a human within its scope is not considered patentable subject matter under 35 U.S.C. 101. The grant of a limited, but exclusive property right in a human being is prohibited by the Constitution. In re Wakefield, 422 F.2d 897, 164 USPQ 636 (CCPA 1970).
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 and 4-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dahl (U.S> 2015/0305732 A1).
Concerning claim 1, Dahl discloses an eyelid speculum comprising: a frame; a first rotary arm coupled to one side of the frame to be rotatable; a second rotary arm coupled to an opposite side of the frame to be rotatable; a movement part configured to move the first rotary arm and the second rotary arm such that the first rotary arm and the second rotary arm are moved in a direction, in which they become closer to or more distant from each other; a first support arm coupled to the first rotary arm to be rotatable, and configured to support an upper eyelid; and a second support arm coupled to the second rotary arm, and configured to support a lower eyelid.
[AltContent: arrow][AltContent: textbox (Guiderail)][AltContent: connector][AltContent: textbox (2nd Curved Part)][AltContent: connector][AltContent: textbox (1st Curved Part)][AltContent: connector][AltContent: textbox (2nd Connection Part)][AltContent: connector][AltContent: textbox (1st Connection Part)][AltContent: arrow][AltContent: textbox (2nd Support Arm)][AltContent: arrow][AltContent: textbox (1st Support Arm)][AltContent: arrow][AltContent: textbox (Movement Part)][AltContent: connector][AltContent: textbox (2nd Rotary Arm)][AltContent: connector][AltContent: textbox (1st Rotary Arm)][AltContent: connector][AltContent: textbox (Frame)]
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Concerning claim 4, wherein the first support arm includes: a first connection part coupled to the first rotary arm to be rotatable; and a first curved part extending from the first connection part in an arc shape, and inserted into an inside of the upper eyelid to support the upper eyelid, and
wherein the second support arm includes: a second connection part coupled to the second rotary arm to be rotatable; and a second curved part extending from the second connection part in an arc shape, and inserted into an inside of the lower eyelid to support the lower eyelid.
Concerning claim 5, wherein when the first curved part and the second curved part are inserted into the inside of the upper eyelid and the inside of the lower eyelid, respectively, the first curved part is rotated to be aligned on the inside of the upper eyelid and the second curved part is rotated to be aligned on the inside of the lower eyelid.
Concerning claim 6, wherein a plurality of first curved parts are provided, and the plurality of first curved parts are arranged along the first connection part, and
wherein a plurality of second curved parts are provided, and the plurality of second curved parts are arranged along the second connection part.
Concerning claim 7, further comprising: a guide rail configured to, when the first curved part and the second curved part are moved to widen or gather the upper eyelid and the lower eyelid, guide movement paths of the first connection part and the second connection part to a guide in an arc shape corresponding to a circumference of an eyeball such that the first curved part and the second curved part are moved along the circumference of the eyeball.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELLEN HAMMOND whose telephone number is (571)270-3819. The examiner can normally be reached Monday-Friday 8 - 4 PM .
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Eduardo C. Robert, at 571 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ELLEN C HAMMOND/Primary Examiner, Art Unit 3773
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