Your Application Went Abandoned: Now What?

Abandonment of a patent application is sometimes deliberate. Maybe the prior art is too good, maybe the available scope of protection isn’t commercially important.

But sometimes abandonment is unintentional. Maybe you instructed your attorney to abandon the wrong case, based on a mistaken idea of which case should be abandoned.

Most commonly, maybe you simply missed a deadline.

There is a universe of reasons for abandonments that fall under the umbrella of “unintentional abandonment”. What to do if your case is one of them? How do you revive an application abandoned unintentionally, and convert it to a live application? Continue reading

Abbott Medical Optics obtains patent: “IOL insertion apparatus”

January 9, 2018: Abbott Medical Optics Inc. of Santa Ana, CA, obtained U.S. Patent No. 9,861,470, “IOL insertion apparatus”.

According to the abstract of the patent:

An IOL inserter for delivering an intraocular lens (IOL) into the eye of a subject, has a handpiece with a generally tubular barrel, a nosepiece coupled to the distal end of the handpiece; and a plunger having a spiral groove. The plunger translates longitudinally within the barrel and passes through a piston with an O-ring that frictionally engages an inner surface of the barrel. The spiral groove interacts with a pin or tooth in the bore of the piston. The plunger may have a drive cap and a cover fixed on the proximal end of the drive cap. The distal end of the plunger may engage having an enlarged head that receives the distal end of the plunger. The distal end of the pushrod may have a bifurcated tip capable of contacting and urging an IOL from the inserter during the implant procedure.

Claim 1 of the issued patent recites:

1. An IOL inserter for delivering an intraocular lens (IOL) into an eye of a subject, comprised of:
a handpiece comprised of a generally tubular barrel with a proximal end and a distal end;
wherein the distal end of the tubular barrel includes a pair of bifurcated brackets for retaining a rotatory nosepiece having an insertion tube defining a throughbore along a nosepiece axis, the nosepiece having an outwardly-projecting pair of pivot shafts defining a pivot axis perpendicular to the nosepiece axis, the bifurcated brackets each defining a slot parallel to the nosepiece axis and having opposite ends sized to retain one of the pivot shafts therein so as to lock the nosepiece in one of two bistable longitudinal positions–a proximal dock position and a distal IOL delivery position;
wherein the nosepiece is coupled to the distal end of the handpiece by reception of the pivot shafts into the slots in the bifurcated brackets and may rotate within the slot about the pivot shafts, and wherein in the dock position the insertion tube extends in a proximal direction into a dock in the handpiece that prevents rotation of the nosepiece; and
a plunger comprised of a spiral groove, wherein the plunger translates longitudinally within the barrel, and wherein the plunger passes through a piston with an O-ring that frictionally engages an inner surface of the barrel, wherein the spiral groove interacts with a pin or tooth in a bore of the piston.

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=09861470.

Alcon Research obtains patent: “Phacoemulsification hand piece with integrated aspiration pump”

January 9, 2018: Alcon Research, Ltd. of Forth Worth, TX, obtained U.S. Patent No. 9,861,522, “Phacoemulsification hand piece with integrated aspiration pump”.

According to the abstract of the patent:

An ophthalmic surgical hand piece comprises a driver coupled to a horn. The horn is coupled to a needle. An aspiration pump is integral with the hand piece and is located close to the needle. A rigid length of aspiration line is located between the aspiration pump and the needle. An optional pressure sensor is located between the aspiration pump and the needle as well.

Claim 1 of the issued patent recites:
1. An ophthalmic surgical hand piece comprising:
a driver coupled to a horn, the horn coupled to a needle;
an aspiration pump integral with the hand piece, the aspiration pump located close to the needle, the aspiration pump comprising:
a motor; and
a shaft having a spiral structure coupled to the motor;
a rigid length of aspiration line located between the aspiration pump and the needle, and
a removable cartridge, the removable cartridge comprising:
a flexible tubing pressed against the spiral structure operable to cause movement of fluid within the flexible tubing as the shaft is rotated by the motor; and
a securing mechanism operable to secure the removable cartridge to a remainder of the hand piece.

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=09861522.

AMO Development obtains patent: “Robust laser cutting methods for ophthalmic surgery”

January 9, 2018: AMO Development, LLC of Santa Ana, CA, obtained U.S. Patent No. 9,861,527, “Robust laser cutting methods for ophthalmic surgery”.

According to the abstract of the patent:

A method and apparatus for performing ophthalmic laser surgery using a pulsed laser beam is provided. The method includes establishing an initial cutting pattern comprising a plurality of original photodisruption points, establishing an enhanced cutting pattern comprising a plurality of enhanced photodisruption points selected to decrease potential adverse effects due to patient movement and having increased density over a fixed area as compared with the plurality of original photodisruption points, and performing an ocular surgical procedure according to the enhanced cutting pattern. Enhanced cutting patterns may include circular cuts around the periphery of a capsule, vertical side cuts for lens fragmentation, raster lamellar cuts, and grid lamellar cuts. Each photodisruption point in the initial cutting pattern and the enhanced cutting pattern comprises a laser target point.

Claim 1 of the issued patent recites:

1. An apparatus for performing an ocular laser surgical procedure, comprising:
a laser configured to emit a beam;
optical elements configured to focus the beam emitted by the laser at a desired focus position on an eye of a patient; and
a controller configured to control the laser and the optical elements, wherein the controller is configured to use a cutting pattern to control the laser and the optical elements to scan the focus position in an oscillating manner along an axial direction of the eye and to simultaneously move the focus position around a periphery of a capsule of the eye, the cutting pattern comprising a plurality of photodisruption points forming a generally circular cut with a sine wave shape in a side view around the periphery of the capsule of the eye;
wherein each photodisruption point in the cutting pattern comprises a laser target point.

The patent may be viewed at the USPTO website at
http://pdfpiw.uspto.gov/.piw?Docid=09861527.

Allergan obtains patent: “Biodegradable alpha-2 agonist polymeric implants and therapeutic uses thereof”

January 9, 2018: Allergan, Inc. of Irvine, CA, obtained U.S. Patent No. 9,861,576, “Biodegradable alpha-2 agonist polymeric implants and therapeutic uses thereof”.

According to the abstract of the patent:

Biocompatible intraocular implants include an alpha-2 adrenergic receptor agonist and a polymer associated with the alpha-2 adrenergic receptor agonist to facilitate release of the alpha-2 adrenergic receptor agonist into an eye for an extended period of time. The alpha-2 adrenergic receptor agonist may be associated with a biodegradable polymer matrix, such as a matrix of a two biodegradable polymers. The implants can be placed in an eye to treat one or more ocular conditions, such as an ocular vasculopathy or glaucoma, including reduction of an elevated intraocular pressure.

Claim 1 of the issued patent recites:

1. A method for treating macular degeneration comprising the step of intraocular administration of a biodegradable intraocular implant comprising:
(a) about 50 weight percent brimonidine, and;
(b) a biodegradable polymer which is a mixture of;
(i) an acid end capped polymer (D,L-lactide) polymer, and
(ii) a poly (D,L-lactide-co-glycolide) polymer.

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09861576.

Allergan obtains patent: “Crystalline forms of bimatoprost acid, methods for preparation, and methods for use thereof”

January 2, 2018: Allergan, Inc. of Irvine, CA, obtained U.S. Patent No. 9,855,232, “Crystalline forms of bimatoprost acid, methods for preparation, and methods for use thereof”.

According to the abstract of the patent:

The invention provides new crystalline forms of 7-[3,5-Dihydroxy-2-(3-hydroxy-5-phenyl-pent-1-enyl)-cyclopentyl]-hept-5-e- noic acid. This compound is commonly referred to as “bimatoprost acid.” The novel crystalline forms are designated forms I, II, and III. The invention crystalline forms are useful for solid ocular implant formulations, utilized in the treatment of various ocular conditions, such as, for example, ocular hypertension. In addition, invention crystalline forms are useful for solid or semisolid dosage formulations used to treat ocular hypertension.

Issued Claim 1 recites:

1. A solid implant formulation, the solid implant formulation comprising a therapeutically effective amount of 7-[3,5-Dihydroxy-2-(3-hydroxy-5-phenyl-pent-1-enyl)-cyclopentyl]-hept-5-e- noic acid in crystalline form II as characterized by X-ray diffraction pattern of about 12.0, 14.2, 16.0, 18.8, 20.6, 22.6, 24.1, 28.1, 35.9 and 36.5.

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09855232.

AcuFocus, Inc. obtains patent: “Ocular mask having selective spectral transmission”

December 26, 2017: AcuFocus, Inc. of Irvine, CA, obtained U.S. Patent No. 9,848,979, “Ocular mask having selective spectral transmission”.

According to the abstract of the patent:

A mask is provided that is configured to increase the depth of focus of a patient. The mask can include an aperture configured to transmit along an optical axis substantially all visible incident light. The mask can further include a portion surrounding at least a portion of the aperture. The portion may be configured to be substantially opaque to visible electromagnetic radiation and be substantially transparent to electromagnetic radiation transmitted from an ocular examination device (e.g., substantially transparent to at least some non-visible electromagnetic radiation with a wavelength between about 750 nm and about 1500 nm).

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09848979.

OptiMedica Corporation obtains patent: “Laser eye surgery system”

December 26, 2017: OptiMedica Corporation of Santa Ana, CA, obtained U.S. Patent No. 9,849,033, “Laser eye surgery system”.

According to the abstract of the patent:

A method for laser eye surgery that accommodates patient movement includes: generating a first and a second electromagnetic radiation beam, the second beam configured to modify eye tissue; propagating the first beam to a scanner along a an optical path length that changes in response to eye movement; focusing the first beam to a first focal point within the eye; scanning the first focal point at different locations within the eye; propagating a portion of the first beam reflected from the first focal point location back along the variable optical path to a sensor; generating an intensity signal indicative of the intensity of the portion of the reflected first beam; propagating the second beam to the scanner along the variable optical path; focusing the second beam to a second focal point and scanning the second focal point to create an incision in the cornea of the eye.

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09849033.

Alcon Research obtains patent: “Retinal laser surgery”

December 26, 2017: Alcon Research, Ltd. of Fort Worth, TX, obtained U.S. Patent No. 9,849,034, “Retinal laser surgery”.

According to the abstract of the patent:

Various systems, processes, and computer program products may be used to perform retinal laser surgery. In particular implementations, systems, processes, and computer program products may include the ability to identify retina blood vessels from a retina image and determine a retina location needing therapy and not substantially intersecting a retina blood vessel. The systems, processes, and computer program products may also include the ability to generate a command to activate a retinal laser when a beam from the retinal laser will be aligned with the therapeutic location.

Issued Claim 1 recites:

1. A system comprising:
an image processing subsystem to identify retina blood vessels in first image of a retina;
a laser subsystem to apply a therapeutic shot to the retina;
a laser control subsystem to determine a retina therapeutic location needing therapy, determine whether the therapeutic location substantially intersects an identified retina blood vessel, and if the therapeutic location substantially intersects an identified retina blood vessel, then determine a different therapeutic location that does not substantially intersect an identified retina blood vessel, the laser control subsystem configured to generate a command to activate the laser subsystem for the therapeutic location when a beam from the laser subsystem is aligned with the therapeutic location that does not substantially intersect an identified retina blood vessel; and
an imaging subsystem to obtain a second image of the retina, wherein the second image of the retina is a real-time retina image;
wherein the image processing subsystem is configured to determine reflectivity of a retina location during a therapeutic laser shot;
wherein the laser control subsystem is configured to adjust the therapeutic laser shot based on the determined reflectivity and a variability limit established by a user for a laser setting; and
wherein the image processing subsystem is configured to register the retina blood vessels of the second image with the retinal blood vessels of the first image.

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09849034.

Allergan obtains patent: “Use of agonists of formyl peptide receptor 2 for treating ocular inflammatory diseases”

December 26, 2017: Allergan, Inc. of Irvine, CA, obtained U.S. Patent No. 9,850,264, “Use of agonists of formyl peptide receptor 2 for treating ocular inflammatory diseases”.

According to the abstract of the patent:

The present invention relates to a method for treating ocular inflammatory diseases in a subject in need of such treatment, which comprises administering a pharmaceutical composition comprising a therapeutically effective amount of at least one agonist of Formyl peptide receptor 2.

The patent may be viewed at the USPTO website at http://pdfpiw.uspto.gov/.piw?Docid=09850264.