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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hofer et al. (U.S. Patent Application Publication 2022/0015948).
Regarding claim 1, Hofer et al. disclose a method comprising:
capturing one or more OCT images of an eye of a subject using an OCT imaging apparatus (see abstract, [0008], [0016], [0119], [0038], claim 6 and figures 1-2 for example);
generating a fixation target (see [0016], and claim 1 for example);
moving the fixation target (see [0016], and claim 1 for example); and
directing a laser beam generated by a laser at an IOL implanted within the eye of the subject to adjust a base power of the IOL (see abstract, [0003], [0013], and [0021] and claim 1 for example).
Hofer et al. disclose a system comprising:
an optical coherence tomography (OCT) imaging apparatus configured to produce one or more OCT images of an eye of a subject having an intraocular lens (IOL) implanted within the eye (see abstract, [0008], [0016], [0119], [0038], claim 6 and figures 1-2 for example);
a fixation target source configured to generate a moveable fixation target (see the aiming beam source of the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625) col. 8:44 through col. 10:34); and
a laser (see [0019], [0027], and see the laser source of the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625)) configured to generate and direct a laser beam at the IOL to adjust a base power of the IOL (see abstract, [0003], [0013], and [0021] and claim 1 for example).
Regarding claims 2, and 12, Hofer et al. disclose the claimed invention (see [0016], claim 1, and figures 1-7 for example).
Regarding claims 3, and 13, Hofer et al. disclose the claimed invention (see the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625) col. 8:44 through col. 10:34).
Regarding claims 4, and 14, Hofer et al. disclose the claimed invention (see the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625) col. 11:7-25, and figures 1-4).
Regarding claims 5, and 15, Hofer et al. disclose the claimed invention (see the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625) see col. 5:57 through col. 7:14).
Regarding claims 6, and 16, Hofer et al. disclose the claimed invention (herein the light source is interpreted to include the scanner/scanning mechanism disclosed, see [0019], also see the scanner/scanning system comprising “scanning” devices 40 and 50 in Angley et al. (U.S. Patent 8,845,625) see figures 1-4).
Regarding claims 7, and 17, Hofer et al. disclose the claimed invention (see the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625) col. 8:44 through col. 10:34).
Regarding claims 8, and 18, Hofer et al. disclose the claimed invention (see [0019]-[0021], and [0024] for example).
Regarding claims 9, and 19, Hofer et al. disclose the claimed invention (see figures 1, and 3-7 for example).
Regarding claims 10, and 20, Hofer et al. disclose the claimed invention (see the incorporation by reference in its entirety of Angley et al. (U.S. Patent 8,845,625) col. 19:43 through col. 20:67 and figures 1, and 15, and 20-21).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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/AARON F ROANE/Primary Examiner, Art Unit 3792
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