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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/07/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1-2 and 6-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim recites, “a consumable active electrodes array, wherein each said consumable electrode is configured to… decay during use to ink cardiac tissue”, ll. 2-3. The specification as originally filed does not appear to describe how each consumable electrode is made to decay during use to ink tissue. For example, is there some specific substance within the electrodes which is made to decay? If so, what is this substance? How can a consumable electrode array decay into ink? As such, the claim fails to comply with the written description requirement.
As a result of dependence on claims 1, subsequent dependent claims 2 and 6-10 are also rejected as lacking written description since they import the limitations of claim 1.
Regarding claim 2, the claim recites, “… the resistors in an antiparallel state to a heart magnetic field”. The specification as originally filed does not appear to describe how resistors can be in an antiparallel state to a heart magnetic field. As such, the claim fails to comply with the written description requirement.
Regarding claim 8, the claim recites “a magnetic tunnel junction”. This limitation comprises new matter because there does not appear to be support in the originally filed specification for a magnetic tunnel junction. As a result, claim 8 fails to comply with the written description requirement.
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 2 and 9-10 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.
Regarding claim 2, the claim recites “measuring at least one negative differential resistance of at least one biological qubit of said collapsed arrhythmic substrate” in the last two lines. It is unclear whether or not this limitation is provided by the sensor device array of claim 1, or another, separate measuring device. For examination purposes, this limitation has been interpreted as “measuring at least one negative differential resistance of at least one biological qubit of said collapsed arrhythmic substrate using the sensor device array”.
As a result of dependence on claim 2, subsequent dependent claims 9-10 are also rejected as indefinite.
Regarding claim 9, the claim recites, “delivering a half-ferromagnetic staining ink”. It is unclear whether or not this limitation refers to the previously disclosed consumable active electrodes array which decays during use to ink cardiac tissue of claim 1, or another, separate staining ink. For examination purposes, this limitation has been interpreted as “delivering a separate half-ferromagnetic staining ink”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kozel (WO 03/089997) discloses a cardiac electrophysiology device (Abstract).
Cosentino (US 3580240) discloses disposable (consumable) electrodes (Abstract).
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/A.A.G./Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796