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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the plurality of members" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 15 claims a plurality of arcuate members in line 2 but it is unclear if the plurality of members are the same members. Line 3 should read “the plurality of arcuate members.”
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cote et al. (US Pub 2014/0276900).
With respect to claim 1, Cote et al. discloses a pupil expander (see figs 1 and 2 below) comprising: a ring (fig 1, 10) having a plurality of connected arcuate members (See fig 1 below), wherein the plurality of arcuate members comprise: a lateral distal portion (see fig 1 below); a lateral mid portion (see fig 1, below) attached directly to the lateral distal portion; a lateral proximal portion (see fig 1 below) attached directly to the lateral mid portion; a medial proximal portion (see fig 1 below) attached directly to the lateral proximal portion; a medial mid portion (see fig 1 below) attached directly to the medial proximal portion; and a medial distal portion (See fig 1 below) attached directly to the medial mid portion and to the lateral distal portion.
With respect to claim 2, Cote et al. discloses further comprising a separate living hinge (fig 1, 16 between each portion) attaching each of the plurality of arcuate members to an adjacent of the plurality of arcuate members.
With respect to claim 3, Cote et al. discloses wherein each of the lateral distal portion and the medial distal portion has a manipulation hole (see fig 1 below) formed therein.
With respect to claim 4, Cote et al. discloses wherein each of the arcuate members further includes an upper lip (See fig 1 below) and a lower lip (see fig 1 below) protruding outwardly therefrom.
With respect to claim 5, Cote et al. discloses wherein each of the upper lip and the lower lip comprises an arcuate profile tapering from larger to smaller in a distal-to-proximal direction (see fig 1 below).
With respect to claim 6, Cote et al. discloses such that, when the pupil expander is advanced through a discharge port, the lateral proximal portion and the medial proximal portion are advanced toward a center of the ring such that the lateral distal portion, the lateral mid portion, the medial proximal portion, and medial mid portion all collapse inwardly (fig 2 shows the members collapsed inward).
With respect to claim 7, Cote et al. discloses pupil expander comprising: a plurality of members (See fig 1 below) attached to adjacent members of the plurality of members to form a closed ring (fig 1), each of the members attached to an adjacent of the plurality of members with a living hinge (fig 1, 16).
With respect to claim 8, Cote et al. discloses wherein each of the plurality of members has an arcuate shape (See fig 1 below).
With respect to claim 9, Cote et al. discloses wherein two adjacent members of the plurality of members each has a manipulation hole (See fig 1 below) formed therein.
With respect to claim 10, Cote et al. discloses wherein the two adjacent members are configured to collapse toward each other (fig 2).
With respect to claim 11, Cote et al. discloses wherein the plurality of members comprise a lateral proximal portion (see fig 1 below) attached directly to a medial proximal portion (see fig 1 below), wherein the lateral proximal portion and the medial proximal portion are configured to be advanced into an interior (fig 2 shows the adjacent members are advanced into the interior when collapsed) of the closed ring.
With respect to claim 12, Cote et al. discloses wherein, as the lateral proximal portion and the medial proximal portion are advanced into the interior of the closed ring, the remaining members collapse inwardly (fig 2).
With respect to claim 13, Cote et al. discloses wherein each of the plurality of members includes an upper lip (See fig 1 below) and a lower lip (See fig 1 below) protruding outwardly therefrom.
With respect to claim 14, Cote et al. discloses wherein a pocket (space between the lips in fig 1) is formed between each of the upper lip and the lower lip.
With respect to claim 15, Cote et al. discloses a pupil expander (fig 1, 10) comprising: a plurality of arcuate members (See fig 1 below) attached to adjacent members of the plurality of members to form a closed ring (fig 1, 10), each of the plurality of members comprising an upper lip (See fig 1 below) and a lower lip (see fig 1 below)protruding outwardly therefrom.
With respect to claim 16, Cote et al. discloses wherein a pocket (see fig 1 below, space between the lips) is formed between each of the upper lip and the lower lip.
With respect to claim 17, Cote et al. discloses wherein two adjacent of the plurality of members further comprise a manipulation hole (See fig 1 below) formed therein.
With respect to claim 18, Cote et al. discloses wherein two of the members, distal from the two adjacent of the plurality of members having the manipulation hole formed therein, are configured to collapse inwardly toward a center of the closed ring (fig 2).
With respect to claim 19, Cote et al. discloses wherein when the two of the members collapse inwardly toward the center of the ring, the two adjacent of the plurality of members having the manipulation hole formed therein and a member adjacent to each of the two adjacent members collapse inwardly (fig 2 shows all the members collapsed inwardly).
With respect to claim 20, Cote et al. discloses, wherein each of the upper lip and the lower lip has an arcuate profile tapering from larger to smaller in a distal- to-proximal direction (See fig 1 below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230404563 A1 discloses a pupil expander that is a collapsable ring
US 20230200794 A1 discloses a pupil expander that is a collapsable ring
US 11147544 B2 discloses a pupil expander that is a collapsable ring
US 20170319062 A1 discloses a system for eye surgery
US 20150366704 A1 discloses a pupil expander that is a collapsable ring
US 20130267988 A1 discloses a pupil expander that is a collapsable ring
US 8496583 B1 discloses a pupil expander that is a collapsable ring
US 20130096386 A1 discloses a pupil expander that is a collapsable ring
US 7879090 B2 discloses an insertion tool for a pupil device
US 20080269888 A1 discloses a pupil expander that is a collapsable ring
US 7422604 B2 discloses an insertion tool for a pupil device
US 20070060925 A1 discloses an insertion tool for a pupil device
US 20030092970 A1 discloses a pupil expander that is a collapsable ring
US 20020022881 A1 discloses an insertion tool for a pupil device
US 6280449 B1 discloses an insertion tool for a pupil device
US 5427088 A discloses an insertion tool for a pupil device
US 5267553 A discloses a pupil expander that is a collapsable ring
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J COTRONEO whose telephone number is (571)270-7388. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at (571) 272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.J.C/Examiner, Art Unit 3773
/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773
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