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 I (Figures 1-2, claims 1-4 and 11-12) in the reply filed on 09/03/2026 is acknowledged.
Claims 5-10 and 13-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/03/2026.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities:
Claim 1 line 8 “or end effector” is suggested to read “or the end effector” for better antecedent basis.
Claim 11 line 1 “An surgical instrument” is suggested to read “A surgical instrument” for better grammar.
Claim 11 line 7 “or handle” is suggested to read “or the handle” for better antecedent basis.
Appropriate correction is required.
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 1-4, 11-12, and 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mustafa et al. (US PGPub 2023/0346402), hereinafter known as “Mustafa.”
With regards to claim 1, Mustafa discloses (Figures 1A-2E and 6A-6B) a surgical instrument 10, comprising:
a handle 23, comprising a distal end and a proximal end (paragraph 87; figure 1B);
an instrument portion 16 extending from the distal end of the handle 23, the instrument portion 16 comprising a distal end 31 (figures 1A-1C); and
an outer tube 12 located around the instrument portion 16 (paragraphs 74 and 76; figures 2A-2C),
wherein:
the distal end 31 of the instrument portion 16 comprises an end effector 16,
a degree of movement of the outer tube 12 or end effector 16 of the surgical instrument 10 corresponds to a scale (paragraph 87 – indent or marking) on the handle 23 of the surgical instrument 10 that facilitates measurement of a tissue during ophthalmic procedures (paragraph 87 – functional limitation - “trigger 26 can be a slider that is movable to an indent or marking... Trigger 26 is a slider button that can be moved proximally-distally along housing 27. Such movement pulls outer tube 12 proximally to partially and then fully uncover and deploy funnel-like sleeve 16. Indents in housing 27 stop the slider button at preset positions corresponding to a first partial deployment (cone-like shape), second and optionally third partial deployments and full deployment” – therefore the measurement of the tissue during ophthalmic procedures is capable with the slider 26 controlling the deployment stages of the sleeve 16), and
movement of the outer tube 12 or the end effector 16 facilitates measurement of the tissue (paragraphs 82 and 87 – functional limitation - “trigger 26 can be a slider that is movable to an indent or marking... Trigger 26 is a slider button that can be moved proximally-distally along housing 27. Such movement pulls outer tube 12 proximally to partially and then fully uncover and deploy funnel-like sleeve 16. Indents in housing 27 stop the slider button at preset positions corresponding to a first partial deployment (cone-like shape), second and optionally third partial deployments and full deployment” – therefore the measurement of the tissue is capable with the slider 26 controlling the deployment stages of the sleeve 16).
With regards to claim 2, Mustafa discloses wherein the outer tube 12 is configured to translate toward the distal end of the instrument portion 16 upon translation of a slider 26 (paragraph 87 – functional limitation – “Trigger 26 is a slider button that can be moved proximally-distally along housing 27. Such movement pulls outer tube 12 proximally to partially and then fully uncover and deploy funnel-like sleeve 16” – therefore the trigger 26 is also capable of sliding distally towards the distal end 31 of the instrument portion 16).
With regards to claim 3, Mustafa discloses wherein the end effector 16 of the instrument portion 16 is a loop 16 (paragraph 92 – entirety of the funnel-sleeve 16 is interpreted as a plurality of loops) coupled to a slider 26 on the handle 23 (paragraphs 74, 76, 82 and 87 - inner tube 14 is attached to the end effector 16, inner tube 14 may be controlled by the slider 26 to deploy the end effector 16).
With regards to claim 4, Mustafa discloses wherein the slider 26 moves relative to markings on the surgical instrument 10 corresponding to a diameter of the loop 16 at the distal end 31 of the instrument portion 16 extended from the outer tube 12 (paragraph 87 – “trigger 26 can be a slider that is movable to an indent or marking... Trigger 26 is a slider button that can be moved proximally-distally along housing 27. Such movement pulls outer tube 12 proximally to partially and then fully uncover and deploy funnel-like sleeve 16. Indents in housing 27 stop the slider button at preset positions corresponding to a first partial deployment (cone-like shape), second and optionally third partial deployments and full deployment” – the diameter of the loop 16 is controlled by the relative deployment stages marked by the indents in the housing in which the slider 26 slides to).
With regards to claim 11, Mustafa discloses an surgical instrument 10, comprising:
a handle 23, comprising a distal end and a proximal end (figure 1B; paragraph 87); and
an instrument portion 16 extending from the distal end of the handle 23, the instrument portion 16 comprising a distal end 31 (figures 1A-1C),
wherein:
the distal end 31 of the instrument portion 16 comprises an end effector 16, and
the end effector 16 or handle 23 has a measurement scale (paragraph 87 – indent or marking) thereon corresponding to a sizing scale for facilitating measurement of a tissue by the end effector 16 during ophthalmic procedures (paragraph 87 – functional limitation - “trigger 26 can be a slider that is movable to an indent or marking... Trigger 26 is a slider button that can be moved proximally-distally along housing 27. Such movement pulls outer tube 12 proximally to partially and then fully uncover and deploy funnel-like sleeve 16. Indents in housing 27 stop the slider button at preset positions corresponding to a first partial deployment (cone-like shape), second and optionally third partial deployments and full deployment” – therefore the measurement of the tissue during ophthalmic procedures is capable with the slider 26 controlling the deployment stages of the sleeve 16).
With regards to claim 12, Mustafa discloses wherein the surgical instrument 10 further comprises an outer tube 12 located around the instrument portion 16, wherein movement of the outer tube 12 activates the end effector 16 (paragraphs 74, 76 and 87; figures 2A-2C).
With regards to claim 16, Mustafa discloses wherein the loop 16 is configured to peel an internal limiting membrane (ILM) (functional limitation – paragraph 2 – “The present invention relates to a system for retrieving material or objects from a biological vessel” – therefore is capable of peeling/retrieving an ILM).
With regards to claim 17, Mustafa discloses wherein the loop 16 is configured to expand as the loop 16 is pushed out of the outer tube 12 and configured to elastically deform to fit within the outer tube 12 as the loop 16 is retracted into the outer tube 12 (figures 2A-2C; functional limitation – paragraph 63 – “the funnel-like sleeve can be fabricated from metallic (e.g. stainless steel or NITINOL)” – Nitinol has elastic properties that can deform to fit within the outer tube 12).
With regards to claim 18, Mustafa discloses wherein the end effector 16 of the instrument portion 16 is a loop 16 (paragraph 92 – entirety of the funnel-sleeve 16 is interpreted as a plurality of loops) coupled to a slider 26 on the handle 23 (paragraphs 74, 76, 82 and 87 - inner tube 14 is attached to the end effector 16, inner tube 14 may be controlled by the slider 26 to deploy the end effector 16).
With regards to claim 19, Mustafa discloses wherein the loop 16 is configured to peel an internal limiting membrane (ILM) (functional limitation – paragraph 2 – “The present invention relates to a system for retrieving material or objects from a biological vessel” – therefore is capable of peeling/retrieving an ILM).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ADAM whose telephone number is (571)272-8981. The examiner can normally be reached 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jackie Ho can be reached at 571-272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMED S ADAM/Examiner, Art Unit 3771 09/16/2026
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