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 .
Information Disclosure Statement
The information disclosure statement (IDS) was filed on 06 April 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Currently claims 1-8, 10, 11, 14-21, 23 and 24 are pending in this application. Claims 9, 12, 13 and 22 are canceled.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 10, 11, 14-16 and 18-20 and are rejected under 35 U.S.C. 103 as being unpatentable over Wiemer et al., US 20210290441 A1 (hereinafter referred to as “Wiemer”) in view of Ackermann et al., US 20200253723 A1 (hereinafter referred to as “Ackermann”).
Regarding claim 1 (Currently Amended), Wiemer discloses an electronic device configured to be implanted in or on an eye (Wiemer: Figs. 1B and 1C include an electronic intraocular device implanted in the capsular bag of the user's eye. ¶ [0008]), the electronic device comprising: a passthrough aperture defining an optical path extending through the electronic device from a front side of the electronic device to a back side of the electronic device (Wiemer: FIGS. 7A and 7B are a plan view and cross-sectional view of an electronic intraocular device with a clear central aperture. ¶ [0014]); multiple imaging systems configured to receive incoming light at the eye (Wiemer: The femtoimager 730...may be facing outward to collect images of what the user sees in the surrounding environment. ¶ [0052]. Analogously, the contact lens may also contain multiple femtoimagers. ¶ [103]); and multiple projection systems configured to project images onto multiple different regions of a retina of the eye based on the incoming light received by the imaging systems (Wiemer: multiple femtoprojectors project onto different regions of the retina. Figs. 11A-B).
Wiemer does not explicitly disclose wherein the electronic device comprises a central body and haptics, and a structure extending between the central body and the haptic, and the structure, the central body, and the haptics define a seat that is configured to receive an iris of the eye when the electronic device is implanted in the eye. (Wiemer: iris 103, and intraocular device 110 with haptic 150. Fig. 1C).
However, Ackermann discloses wherein the electronic device comprises a central body and haptics (Ackermann: Figs. 11E-F, 12A-13I ), and a structure extending between the central body and the haptic(Ackermann: Figs. 11E-F, 12A-13I ), and the structure, the central body, and the haptics define a seat that is configured to receive an iris of the eye when the electronic device is implanted in the eye (Ackermann: Figs. 11E-F, 12A-13I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer with the electronic device comprises a central body and haptics, and a structure extending between the central body and the haptic, and the structure, the central body, and the haptics define a seat that is configured to receive an iris of the eye when the electronic device is implanted in the eye, as taught by Ackermann, in order to promote fixation of the lens within the sulcus and the lens at the pupillary margin. Ackerman ¶ [0007].
Regarding claim 2 (Original), Wiemer discloses the electronic device of claim 1, wherein the different regions of the retina include: a first region associated with frontal vision; and a second region associated with peripheral vision (Wiemer: peripheral and central imaging retina regions. Fig. 11B).
Regarding claim 3 (Original), Wiemer discloses the electronic device of claim 2, wherein the projection systems comprise: a first projection system configured to project first images onto the first region at a first resolution; and a second projection system configured to project second images onto the second region at a second resolution that is lower than the first resolution (Wiemer: the femtoprojectors may be designed with different high/low resolutions. ¶ [0074]).
Regarding claim 4 (Original), Wiemer discloses the electronic device of claim 1, wherein the projection systems are configured to simultaneously project respective different images onto respective ones of the different regions of the retina (Wiemer: In FIG. 11B, the femtoprojectors 1120A, B, C project images 1127A, B, C to different sections of the retina. This may be used to stitch together images from the different femtoprojectors to create a larger aggregate image¶ [0074]).
Regarding claim 10 (Currently Amended), Wiemer discloses the electronic device of claim 1, wherein the passthrough aperture, the imaging systems, and the projection systems are contained in a chip or chip stack, or attached to a printed circuit board, in the central body (Wiemer: The electronics core 715. Fig. 7A).
Regarding claim 11 (Currently Amended), Wiemer discloses the electronic device of claim 1, further comprising control circuitry (Wiemer: FIG. 1C. Electronic components 140 in the intraocular device may include microprocessors/controllers. ¶ [0041]), a power source (Wiemer: wireless power transfer (e.g., coil 142) ¶ [0076]), a wireless communication system (Wiemer: Tx/Rx. Fig., 13A), and a wireless charging system (Wiemer: wireless power transfer (e.g., coil 142) ¶ [0076]).
Regarding claim 14 (Currently Amended), Wiemer does not disclose the electronic device of claim 1, wherein when the electronic device is implanted in the eye the haptics are configured to be in an anterior chamber of the eye forward of the iris and the central body is configured to be behind the iris (Ackermann: Figs. 11E-F, 12A-13I).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer wherein when the electronic device is implanted in the eye the haptics are configured to be in an anterior chamber of the eye forward of the iris and the central body is configured to be behind the iris, as taught by Ackermann, in order to promote fixation of the lens within the sulcus and the lens at the pupillary margin. Ackermann ¶ [0007].
Regarding claim 15 (Currently Amended), claim 14 is substantially similar to claim 15. Therefore, claim 15 is rejected for the same reasons as claim 14.
Regarding claim 16 (Currently Amended), Wiemer discloses the electronic device of claim wherein: the structure comprises one or more walls that define an opening; and the passthrough aperture and the imaging systems are arranged within a perimeter of the opening when viewed from a front of the electronic device (Wiemer: Figs. 7A, 8A).
Regarding claim 18 (Original), Wiemer discloses the electronic device of claim 1, wherein the electronic device configured to provide vision enhancement comprising one of selective magnification of areas or objects, thermal imaging, brightness and contrast control, color saturation/desaturation, or image sharpening (Wiemer: image magnification, contrast adjustment, image sharpening ¶ [0092]).
Regarding claim 19 (Original), Wiemer discloses the electronic device of claim 1, wherein the electronic device is configured to operate as a virtual reality device (Wiemer: projects virtual images. ¶ [0108]. Projecting images onto a patient's retina, thereby providing an augmented reality or virtual reality display. ¶ [0125]).
Regarding claim 20 (Original), Wiemer discloses the electronic device of claim 1, wherein the electronic device is configured to operate as an augmented reality device (Wiemer: projects virtual images. ¶ [0108]. Projecting images onto a patient's retina, thereby providing an augmented reality or virtual reality display. ¶ [0125]).
Claims 17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wiemer in view of Ackermann and Wortz et al., US 20150366659 A1 (hereinafter referred to as “Wortz”).
Regarding claim 17 (Currently Amended), the electronic device of claim 1 wherein: the central body comprises a case having that encapsulates a chip or chip stack containing the passthrough aperture, the imaging systems, and the projection systems; a first end of the structure is connected to the case; and the haptics are connected to a second end of the structure opposite the first end of the structure.
Wiemer discloses a central body with chip or chip stack containing the passthrough aperture, the imaging systems, and the projection systems on one side of the structure and a haptic on an opposite side of the structure Fig. 2A-B, 7A).
However, Wiemer nor Ackerman explicitly disclose a case having that encapsulates a chip or chip stack containing the passthrough aperture, the imaging systems, and the projection systems; a first end of the structure is connected to the case; and the haptics are connected to a second end of the structure opposite the first end of the structure. Emphasis added.
However, Wortz discloses the electronic device of claim wherein: the central body comprises a case having that encapsulates a chip or chip stack containing the passthrough aperture, the imaging systems, and the projection systems; a first end of the structure is connected to the case; and the haptics are connected to a second end of the structure opposite the first end of the structure (Wortz: prosthetic capsular device housing including haptic/tabs. Figs. 9-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer and Ackermann with electronic device of claim wherein: the central body comprises a case having that encapsulates a chip or chip stack containing the passthrough aperture, the imaging systems, and the projection systems; a first end of the structure is connected to the case; and the haptics are connected to a second end of the structure opposite the first end of the structure, as taught by Wortz, in order to support the main body of the eye implant and protect the electronic components of the eye implant.
Regarding claim 21 (Original), Wiemer nor Ackermann explicitly disclose the electronic device of claim 1, wherein the electronic device is configured to be controlled using voice control, predefined eye movements, predefined face movements, or predefined hand movements.
However, Wortz discloses the electronic device of claim 1, wherein the electronic device is configured to be controlled using voice control, predefined eye movements, predefined face movements, or predefined hand movements (Wortz: allows a user to generate input to the computing system 5600 using sounds, voice, motion, gestures, or the like ¶ [0209] and eye movements ¶ [0150]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer and Ackermann wherein the electronic device is configured to be controlled using voice control, predefined eye movements, predefined face movements, or predefined hand movements, as taught by Wortz, in order to provide additional control features to the electronic device.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wiemer in view of Ackermann and Samiy et al., US 5653751 A (hereinafter referred to as “Samiy”).
Regarding claim 5 (Original) Wiemer nor Ackermann explicitly disclose the electronic device of claim 1, further comprising an electronic layer in the optical path, wherein the electronic layer is adjustable between a first state in which the electronic layer is transparent and a second state in which the electronic layer is opaque and blocks the optical path.
However, Samiy discloses wherein the electronic layer is adjustable between a first state in which the electronic layer is transparent and a second state in which the electronic layer is opaque and blocks the optical path (Samiy: display device 14 can include a dimensionally adapted conventional liquid crystal display that uses a liquid crystal, such as the type that contain the rod-like molecules cyanobiphenyls that respond to electrical fields by reorienting themselves along electrical field lines to transmit or to block a lighting source used to create the image. (Samiy: Col 8:62-67, Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer and Ackermann with an electronic layer in the optical path, wherein the electronic layer is adjustable between a first state in which the electronic layer is transparent and a second state in which the electronic layer is opaque and blocks the optical path, as taught by Samiy, in order to improve a person’s viewing capabilities when wearing an eye implant.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wiemer in view of Ackermann and Groppi et al., WO 2020208403 A1 (hereinafter referred to as “Groppi”).
Regarding claim 6 (Original), Wiemer and Ackermann do not explicitly disclose the electronic device of claim 1, further comprising a polarized lens in the optical path.
However, Groppi discloses a polarized lens in the optical path (Groppi: a first polarized lens (Li), suitable to be integrated to the eye (EB). Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer and Ackermann with a polarized lens in the optical path, as taught by Groppi, in order to control the amount of light that passes through the optical path to correct sight defects without limiting the vision of the patient.
Regarding claim 7 (Original), Wiemer and Ackermann do not explicitly disclose the electronic device of claim 6, further comprising an external device comprising a polarized layer having a first orientation of polarization, wherein the polarized lens has a second orientation of polarization opposite the first orientation of polarization such that the polarized layer and the polarized lens combine to block the optical path when the external device is placed in front of the electronic device.
However, Groppi discloses an external device comprising a polarized layer having a first orientation of polarization (Groppi: a second polarized lens (L2) suitable to be mounted externally to the eye (EB). Abstract and Figs. 3-5), wherein the polarized lens (Groppi: a first polarized lens (Li), suitable to be integrated to the eye (EB). Abstract and Figs. 3-5) has a second orientation of polarization opposite the first orientation of polarization such that the polarized layer and the polarized lens combine to block the optical path when the external device is placed in front of the electronic device (Groppi: Rotatable lens to adjust light absorption. Figs. 3-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer and Ackermann with the electronic device of claim 6, further comprising an external device comprising a polarized layer having a first orientation of polarization, wherein the polarized lens has a second orientation of polarization opposite the first orientation of polarization such that the polarized layer and the polarized lens combine to block the optical path when the external device is placed in front of the electronic device, as taught by Groppi, in order to control the amount of light that passes through the optical path to correct sight defects without limiting the vision of the patient.
Regarding claim 8 (Original), Wiemer discloses the electronic device of claim 7, wherein the polarized layer is optically transparent to the imaging systems when the external device is placed in front of the electronic device. (Wiemer: transparent lens placed in front of electronic device. Fig. 12A. Note that Groppi also discloses a rotatable lens to adjust light absorption. Figs. 3-5).
Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Wiemer in view of Groppi et al., WO 2020208403 A1 (hereinafter referred to as “Groppi”).
Regarding claim 23 (New), Wiemer discloses an electronic device configured to be implanted in or on an eye (Wiemer: Figs. 1B and 1C include an electronic intraocular device implanted in the capsular bag of the user's eye. ¶ [0008]), the electronic device comprising: a passthrough aperture defining an optical path extending through the electronic device from a front side of the electronic device to a back side of the electronic device (Wiemer: Figs. 7A and 8A); multiple imaging systems configured to receive incoming light at the eye; multiple projection systems configured to project images onto multiple different regions of a retina of the eye based on the incoming light received by the imaging systems (Wiemer: multiple femtoprojectors project onto different regions of the retina. Figs. 11A-B).
Wiemer does not disclose a polarized lens in the optical path; and an external device comprising a polarized layer having a first orientation of polarization, wherein the polarized lens has a second orientation of polarization opposite the first orientation of polarization such that the polarized layer and the polarized lens combine to block the optical path when the external device is placed in front of the electronic device.
However, Groppi discloses a polarized lens in the optical path; and an external device comprising a polarized layer having a first orientation of polarization (Groppi: a rotatable second polarized lens (L2) suitable to be mounted externally to the eye (EB). Abstract and Figs. 3-5), wherein the polarized lens has a second orientation of polarization opposite the first orientation of polarization such that the polarized layer and the polarized lens combine to block the optical path when the external device is placed in front of the electronic device (Groppi: Rotatable lens to adjust light absorption. Figs. 3-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wiemer with a polarized lens in the optical path; and an external device comprising a polarized layer having a first orientation of polarization, wherein the polarized lens has a second orientation of polarization opposite the first orientation of polarization such that the polarized layer and the polarized lens combine to block the optical path when the external device is placed in front of the electronic device, as taught by Groppi, in order to control the amount of light that passes through the optical path to correct sight defects without limiting the vision of the patient.
Regarding claim 24 (New), Wiemer discloses the electronic device of claim 23, wherein the polarized layer is optically transparent to the imaging systems when the external device is placed in front of the electronic device (Wiemer: transparent lens placed in front of electronic device. Fig. 12A. Note that Groppi also discloses a rotatable lens to adjust light absorption. Figs. 3-5).
Conclusion
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/DLB/Patent Examiner, Art Unit 2482
/CHRISTOPHER S KELLEY/Supervisory Patent Examiner, Art Unit 2482
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