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 § 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, 2, 4, 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rathert (US 20050149057).
Regarding claim 1, Rathert discloses an intraocular lens (IOL) injector, comprising: an injector body (12), comprising: a bore (lumen) defined by an interior wall (20a), wherein the bore is configured to facilitate intraocular lens advancement through the injector body; and a plunger (30) slideable within the injector body, the plunger comprising: a flange (30c); a body portion (see image below) extending distally from the flange, the body portion having one or more cantilevered members (24a, 24b) extending from a distal end (30a, paragraph 0019 describes 24a, 24b extending therefrom) of the body portion and configured to engage the interior wall of the bore to generate a force resistive to advancement of the plunger through the injector body (paragraph 0019); a plunger rod (30) extending distally from the body portion; and a plunger tip (30b) at a distal end of the plunger rod, the plunger tip configured to push the IOL through the bore.
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Regarding claim 2, Rathert discloses all of the limitations set forth in claim 1, wherein the one or more cantilevered members comprise: a horizontal portion (24b, has a horizontal dimension) extending proximally from the distal end of the body portion; and a flared portion (24b”) extending from the horizontal portion, the flared portion configured to engage the interior wall of the bore to generate the force resistive to advancement of the plunger (paragraph 0019).
Regarding claim 4, Rathert discloses all of the limitations set forth in claim 1, wherein the plunger further comprises: a biasing element (other of 24a or 24b can be a biasing element separate from cantilevered member) disposed adjacent to the flange, the biasing element configured to engage the injector body and resist the advancement of the plunger through the injector body (paragraph 0019).
Regarding claim 7, Rathert discloses all of the limitations set forth in claim 1, wherein the body portion further comprises: one or more protrusions (30c) that interact with one or more grooves formed in the injector body to align the plunger within the bore (paragraph 0018).
Regarding claim 8, Rathert discloses all of the limitations set forth in claim 7, wherein the one or more protrusions extend longitudinally along a length of the body portion (figures 1-5).
Regarding claim 9, Rathert discloses all of the limitations set forth in claim 1, wherein the body portion further comprises: a longitudinally extending rib (30c) formed on one or more of a first surface and a second surface of the body portion (figure 2b).
Regarding claim 10, Rathert discloses all of the limitations set forth in claim 1, wherein the body portion further comprises: a slot configured to: receive a protrusion (30c) of a plunger lock that extends through the injector body; and prevent the plunger from moving relative to the bore (paragraph 0018, flange causes plunger to be rotationally fixed, and therefore locked).
Claims 11-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rathert Figueroa et al (US 5873879).
Regarding claim 11, Figueroa discloses an intraocular lens (IOL) injector, comprising: an injector body, comprising: a bore (24) defined by an interior wall, wherein the bore is configured to facilitate intraocular lens advancement through the injector body; a longitudinal axis extending centrally along the injector body; and a plunger (122) slideable within the injector body for pushing the IOL through the bore, the plunger comprising: a plunger tip (128) having a first protrusion and a second protrusion (131a, 131b) extending from the plunger tip, wherein the first protrusion and the second protrusion extend parallel relative to the longitudinal axis of the injector body (figure 16).
Regarding claim 12, Figueroa discloses all of the limitations set forth in claim 11, wherein the first protrusion and the second protrusion define a first groove (132) that folds a trailing haptic of the IOL as the IOL advances through the bore (the trailing haptic of the IOL is not positively recited and therefore the groove would be capable of folding an arbitrary haptic).
Regarding claim 13, Figueroa discloses all of the limitations set forth in claim 12, wherein the first protrusion and the second protrusion define a second groove (gap between 137a, 137b) within the first groove that folds an optic of the IOL as the IOL advances through the bore (figures 16-18).
Regarding claim 14, Figueroa discloses all of the limitations set forth in claim 11, wherein the plunger tip further comprises: a tapered sidewall (132 or 137a-137b, figure 17, 18) for providing a nesting space for a gusseted portion of a trailing haptic of the IOL (the IOL is not positively recited and therefore sidewall is capable of performing recited function).
Regarding claim 15, Figueroa discloses all of the limitations set forth in claim 14, wherein the tapered sidewall tapers from the first protrusion towards the second protrusion (figure 16).
Regarding claim 16, Figueroa discloses an intraocular lens (IOL) injector, comprising: an injector body, comprising: a bore (24) defined by an interior wall, wherein the bore is configured to facilitate intraocular lens advancement through the injector body; a longitudinal axis extending centrally along the injector body; and a plunger (122) slideable within the injector body for pushing the IOL through the bore, the plunger comprising: a plunger tip (128) having a first protrusion and a second protrusion (131a, 131b) extending from the plunger tip, wherein: the first protrusion (137a) extends at an oblique angle relative to the longitudinal axis of the injector body, and the second protrusion (131b, 137b) extends parallel relative to the longitudinal axis of the injector body (figure 16).
Regarding claim 17, Figueroa discloses all of the limitations set forth in claim 16, wherein the first protrusion and the second protrusion define a first groove (132) that folds a trailing haptic of the IOL as the IOL advances through the bore (the trailing haptic of the IOL is not positively recited and therefore the groove would be capable of folding an arbitrary haptic).
Regarding claim 18, Figueroa discloses all of the limitations set forth in claim 17, wherein the first protrusion and the second protrusion define a second groove (between 137a-137b) within the first groove that folds an optic of the IOL as the IOL advances through the bore (the IOL is not positively recited and therefore sidewall is capable of performing recited function).
Regarding claim 19, Figueroa discloses all of the limitations set forth in claim 16, wherein the plunger tip further comprises: a tapered sidewall (132, figure 17) for providing a nesting space for a gusseted portion of a trailing haptic of the IOL (the IOL is not positively recited and therefore sidewall is capable of performing recited function).
Regarding claim 20, Figueroa discloses all of the limitations set forth in claim 19, wherein the tapered sidewall comprises: a curved portion (figure 17, 18, curvature of gaps) for receiving a bent portion of the trailing haptic that remains proximal to an optic of the IOL as the IOL advances through the bore (the IOL is not positively recited and therefore sidewall is capable of performing recited function).
Claims 1, 3-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Van Noy et al (US 20160256316).
Regarding claim 1, Van Noy et al (hereafter Van Noy) discloses an intraocular lens (IOL) injector, comprising: an injector body (20), comprising: a bore (40) defined by an interior wall (298), wherein the bore is configured to facilitate intraocular lens advancement through the injector body; and a plunger (30) slideable within the injector body, the plunger comprising: a flange (30c); a body portion (see image below) extending distally from the flange, the body portion having one or more cantilevered members (392, 296) extending from a distal end of the body portion and configured to engage the interior wall of the bore to generate a force resistive to advancement of the plunger through the injector body (paragraph 0071); a plunger rod (211) extending distally from the body portion; and a plunger tip (220) at a distal end of the plunger rod, the plunger tip configured to push the IOL through the bore (figure 10).
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Regarding claim 3, Van Noy discloses all of the limitations set forth in claim 1, wherein the plunger rod includes an angled portion that defines an angle from 1 degree to 5 degrees relative to a longitudinal axis of the injector body (paragraph 0062).
Regarding claim 4, Van Noy discloses all of the limitations set forth in claim 1, wherein the plunger further comprises: a biasing element (260) disposed adjacent to the flange, the biasing element configured to engage the injector body and resist the advancement of the plunger through the injector body (paragraph 0057).
Regarding claim 5, Van Noy discloses all of the limitations set forth in claim 4, wherein the biasing element comprises: a hoop (260) extending distally along the body portion and configured to compress against the injector body (figure 15) as the plunger is advanced through the injector body.
Regarding claim 6, Van Noy discloses all of the limitations set forth in claim 4, wherein the biasing element comprises: a collar (261) that defines a channel through which the body portion extends and moves relative to the biasing element.
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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