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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 09/03/2025. As directed by the amendment: Claims 1, 4, 7, 9, 11, and 17 have been amended, Claims 3, 6, 8, 13, 16, and 18 have been cancelled, and no claims have been added. Thus, Claims 1-2, 4-5, 7, 9-12, 14-15, 17, and 19-20 are presently under consideration in this application.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 10/31/2025, with respect to claims objections and 35 U.S.C. 112(a) and (b) have been fully considered and are persuasive. Amendments obviate the rejection of record and clarified the usage of the frequency ranges. The objection and rejection of the claims have been withdrawn.
Applicant’s arguments, see pages 8-10, filed 10/31/2025, with respect to the rejection(s) the claim(s) under 35 U.S.C. 102(a)(1) and 103 have been fully considered and are persuasive. Amendments to the claims obviate the rejection of record. Examiner does note that an antenna is an inductive coil, along with any TX and RX which inherently use coils that have magnetic and electric components. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chen (US 9750930)(Hereinafter Chen) in view of Chow et al. (IDS filed 12/17/2021)(US 20130261703)(Hereinafter Chow).
Claim Objections
Claims 1 and 11 are objected to because of the following informalities: Claims 1 and 11 recites the limitation "wherein the at least the first frequency" in line 19, should remove the extra “the” and should recite “wherein at least the first frequency”. Examiner suggests reciting the phrase “the first RF energy”. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: the term “at” is repeated twice.
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.
Claims 1-2, 4-5, 7, 9-12, 14-15, 17, and 19-20 are rejected under 35 U.S.C. 112, 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(s), at the time the application was filed, had possession of the claimed invention. This is a new matter rejection.
Claims 1 and 11 has been amended to include both an antenna, that captures multiple RF for charging and telemetry, and an inductive coil used for charging the rechargeable power supply. The limitation does not have support in the instant specification, including no embodiments in the drawings, nor in the parent application.
The specification provides support for using a single antenna to provide charging and communication, wherein two different frequency bands are used to charge and a third different frequency band is used for communication, see [0039] and [0061]. However, the specification does not provide support for both inductive coil and an antenna used for charging the rechargeable power supply. Therefore, the new claim limitations introduce new matter.
Claims 2, 4-5, 7, 9, 10, 12, 14-15, 17, and 19-20 are rejected due to their dependence on indefinite claims 1 and 11.
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 1-2, 4-5, 7, 9-12, 14-15, 17, and 19-20 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.
Regarding claims 1 and 11, it is unclear how the antenna is a single antenna, when the claim requires a single antenna and an inductive coil. This is because an inductive coil can also be an antenna, therefore, claiming 2 different antennas used for charging.
Regarding claims 1 and 11, it is unclear how the first frequency can have a frequency in the first range between 1-20 MHz AND a second range from 100-700 MHz when the “first frequency” a single frequency and not two different frequencies. Examiner interprets that the “first frequency” as a frequency from either frequency ranges.
Claim Interpretation
Regarding claims 1 and 11, the language of the amendments “convert first RF energy having at least the first frequency captured by the single antenna in the first range from 1 MHz to 20 MHz and the second range from 100 MHz to 700 MHz to a direct current (DC) power” will be interpreted as a the “first frequency” as a frequency from either frequency ranges.
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 4, 10-12, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 9750930)(Hereinafter Chen) in view of Chow et al. (IDS filed 12/17/2021)(US 20130261703)(Hereinafter Chow).
Regarding claims 1 and 11, Chen teaches An implantable medical device/method (Col. 8 lines 23-45 “the PNS system of the present disclosure includes the PNS device 200 in the form of a hermetically-sealed implantable pulse generator.” And Fig. 4) comprising:
a rechargeable power supply (Col. 9 line 58 “The battery 260 is a rechargeable battery.” Col. 34 lines 19-21 “The method 900 includes a step 925 of charging a battery with the DC signal, thereby providing a first DC voltage via the battery.”);
a single antenna configured to simultaneously capture first radio frequency (RF) energy having a plurality of frequencies within of a first range from 1 MHz to 20 MHz and a second range from 100 MHz to 700 MHz, wherein the plurality of frequencies comprises a first frequency and a second frequency (Col. 24 lines 38-40 “It is also understood that a circuit node “ANT+” represents the signal line to the single antenna (or the coil 700 shown in FIG. 16)” Col. 22 lines 57-59 “a single conductive element such as the coil 700 is used to receive both telemetry signals and charging signals.” Fig. 16 shows RF energy captured by the single antenna at frequencies of 13.56, 400, and 2450 MHz [first and second frequencies]. Examiner interprets the claim language of the “first radio frequency (RF) energy having a plurality of frequencies” to mean that the antenna is capable of capturing the two RF frequency ranges provided.);
charging circuitry (Fig. 16 (330)) configured to:
convert first RF energy having at least the first frequency captured by the single antenna in the first range from 1 MHz to 20 MHz and the second range from 100 MHz to 700 MHz to a direct current (DC) power (Col. 23 lines 32-35 “The circuit network 320 is coupled to the charging circuit 330 (also discussed above with reference to FIG. 7) and allows inductive charging signals at the 13.56 Mhz band to pass through to the charging circuit 330 by way of resonant network elements.” Col. 34 lines 15-16 “The method 900 includes a step 920 of converting the inductive energy into a direct current (DC) signal.” Col. 24 lines 58-61 “The diode D5 serves as a rectifying element. In other words, the diode D5 converts the AC inductive signal that passes through (13.56 Mhz) into a DC signal.”); and
charge the rechargeable power supply with the DC power converted from the first RF energy (Col. 34 lines 19-21 “The method 900 includes a step 925 of charging a battery with the DC signal, thereby providing a first DC voltage via the battery.”);
communication circuitry configured to determine communication information from a second RF energy having the second frequency received by the single antenna, wherein the at least comprises a first frequency of the plurality of frequencies different than the second frequency of the plurality of frequencies (Col. 23 lines 55-60 “the circuit networks 520 and 530 are each coupled to a telemetry chip 500 that is an embodiment of the telemetry block 500 [communication circuitry] (also discussed above with reference to FIG. 7). Using filters such as a band-pass filter and a high-pass filter, the circuit network 520 allows telemetry signals at the 400 Mhz MICS band to pass through to the telemetry chip 500,”);
a first bandpass filter configured to pass the at least the first frequency of the first RF energy (Col. 23 lines 48-50 “Thus, the resonant network of the circuit network 320 may effectively function as a very narrow band-pass filter to “block” signals that are outside of the 13.56 Mhz band.”); and
a second bandpass filter configured to pass the second frequency of the second RF energy (Col. 23 lines 58-67 and Col. 24 lines 1-2 “Using filters such as a band-pass filter and a high-pass filter, the circuit network 520 allows telemetry signals at the 400 Mhz MICS band to pass through to the telemetry chip 500, but blocks out telemetry signals at other frequency bands (e.g., signals at the 2.45 Ghz ISM band) and inductive charging signals (e.g., signals at the 13.56 Mhz band). Similarly, using filters such as a high-pass filter, the circuit network 530 allows telemetry signals at the 2.45 Ghz ISM band to pass through to the telemetry chip 500, but blocks out telemetry signals at other frequency bands (e.g., signals at the 400 Mhz MICS band) and inductive charging signals (e.g., signals at the 13.56 Mhz band).”).
However, Chen does not teach an inductive coil configured to receive inductive energy and generate an inductive current and charge the rechargeable power supply with the inductive current from the inductive coil. Chow, solves a common problem with Chen of charging of a medical device using a transmitter via far field radiation frequency to charge a battery ([0004]-[0005]), and further teaches inductive coil configured to receive inductive energy and generate an inductive current and charge the rechargeable power supply with the inductive current from the inductive coil (Fig. 6 shows multiple antennas. [0079] “The implantable medical device 606 includes multiple antennas, including a first antenna 610, a second antenna 611, and possibly one or more additional antennas (not shown). The implantable medical device 606 may also include one or more matching networks associated with one or more of the antennas, such as a first matching network 612 associated with the first antenna 610, a second matching network 613 associated with the second antenna 611, and possibly one or more additional matching networks (not shown) associated with other antennas (not shown).” [0082] “When the implantable medical device 606 includes multiple rectifiers, such as the first rectifier 614 and the second rectifier 615, the rectifiers 614, 615 may be coupled to a summing network 616. The summing network 616 may combine the direct current (DC) output of the rectifiers 614, 615 and provide the combined DC output to other power and/or control circuitry, represented in FIG. 6 as implantable medical device (IMD) power and control circuitry 618.”) to receive multiple frequencies at the same time for charging the device ([0081]). It would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify the implanted device of Chen, with the processing circuitry transmitting to a charging device that generates the RF energy, the power level of the IMD of Chow, because such a modification would allow to modify the recharging process based on the information received.
Regarding claims 2 and 12, Chen teaches wherein the single antenna is configured to receive the first RF energy having one or more frequencies of the plurality of frequencies within a first range is from 12 MHz to 16 MHz ([0037] “PRU 14 includes an Rx resonator 160r configured to receive an inductively coupled field from PTU 12. In some embodiments, the inductively coupled field is a magnetic field modulated at a low RF (e.g., 6.78 MHz, 13.56 MHz and the like)”).
Regarding claims 4 and 14, Chen teaches wherein the charging circuitry is configured to convert the first RF energy at least the first frequency of the plurality of frequencies to the DC power (Col. 23 lines 32-35 “The circuit network 320 is coupled to the charging circuit 330 (also discussed above with reference to FIG. 7) and allows inductive charging signals at the 13.56 Mhz band to pass through to the charging circuit 330 by way of resonant network elements.” Examiner notes that the first RF energy is a single RF selected from the plurality of frequencies. ).
Regarding claims 10 and 20, Chen teaches further comprising stimulation circuitry configured to generate electrical stimulation deliverable to a patient (Abstract “A medical device for providing a stimulation therapy includes a coil configured to receive both inductive charging and telemetry signals.”).
Claim Rejections - 35 USC § 103
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.
Claims 5, 9, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 9750930)(Hereinafter Chen) in view of Chow et al. (IDS filed 12/17/2021)(US 20130261703)(Hereinafter Chow), and Gaddam et al. (US 10946206)(Hereinafter Gaddam).
Regarding claims 5 and 15, Chen teaches the invention of claims 1 and 11. However, Chen does not teach a power level received from the antenna. Chow, in the same field of endeavor, teaches an implantable medical device for obtaining far field signals at specific frequencies for charging (Abstract), similar to the device of Chen, and further teaches further comprising processing circuitry and communication circuitry ([0072] “control unit” Fig. 5 (receiver 530)), wherein the processing circuitry is configured to:
determine a power level of the first RF energy received by the antenna ([0130] “charge level” used for determining charge threshold satisfaction of [0072].) to charge a storage unit (Abstract). It would have been obvious to one skilled in the art, prior to the effective filing date of the invention, to modify the method of Chen, with the antenna that specifically receives RF in the range 100-700 MHz and recharging the power supply with the DC power of Chow, because such a modification would allow to charge a storage unit.
However, Chen in view of Chow does not teach the processing circuitry transmitting to a charging device that generates the RF energy, the power level of the IMD. Gaddam, in the same field of endeavor, teaches devices for controlling charging power transmitted to an implantable medical device for a recharging process (Abstract), and further teaches control the communication circuitry to transmit, to a charging device that generates the first RF energy, an indication of the power level (Col. 22 lines 16-22 “processing circuitry 30 may be configured to provide an output signal, for example sensed values and/or alert signals based on the sensed values, to an external charging device, such as external charging devices 20 shown in FIG. 1” via antenna 37 (Col. 24 lines 17-19)) to modify the recharging process based on the information received (Col. 22 lines 16-22). It would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify the implanted device of Chen in view of Chow, with the processing circuitry transmitting to a charging device that generates the RF energy, the power level of the IMD of Gaddam, because such a modification would allow to modify the recharging process based on the information received.
Regarding claims 9 and 19, claims 1 and 11 are obvious over Chen in view of Chow. However, Chen in view of Chow do not teach a power level received from the antenna. Chow, in the same field of endeavor, teaches an implantable medical device for obtaining far field signals at specific frequencies for charging (Abstract), similar to the device of Chen, and further teaches further comprising processing circuitry configured to:
determine that the power source is charged to a predetermined threshold ([0072]) to charge a storage unit (Abstract). It would have been obvious to one skilled in the art, prior to the effective filing date of the invention, to modify the method of Chen, with the antenna that specifically receives RF in the range 100-700 MHz and recharging the power supply with the DC power of Chow, because such a modification would allow to charge a storage unit.
However, Chen in view of Chow does not teach the processing circuitry controlling the charging circuitry shunting the RF energy from the antenna. Gaddam, in the same field of endeavor, teaches devices for controlling charging power transmitted to an implantable medical device for a recharging process (Abstract), and further teaches responsive to determining that the power source is charged to the predetermined threshold, control the charging circuitry to shunt at least the first RF energy received from the single antenna (Col. 19 lines 6-12) to minimize any additional heating of the tissue surrounding IMD (Col. 19 lines 8-17). It would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify the implanted device of Chen in view of Chow, with the processing circuitry controlling the charging circuitry shunting the RF energy from the antenna of Gaddam, because such a modification would allow to minimize any additional heating of the tissue surrounding IMD.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 9750930)(Hereinafter Chen) in view of Chow et al. (IDS filed 12/17/2021)(US 20130261703)(Hereinafter Chow) and Meskens et al. (US 20180272131)(Hereinafter Meskens).
Regarding claims 7 and 17, claims 1 and 11 are obvious over Chow, and Chen. Chen does not teach the common frequency of the two RF energies and interleaving a first and second RF energy. Meskens, in the same field of endeavor, teaches an implantable device with a resonant tank with two resonant frequencies for optimizing charging power (Abstract), and further teaches wherein the first RF energy is interleaved with the second RF energy ([0025] “the resonant tank circuit 150 can be switched between 5 MHz and 6.78 MHz, the 5 MHz resonant frequency supports a combined power and data transfer, where the data transfer may be bi-directional. The operating power and data can be modulated with one another (e.g., using on-off-keying (OOK)) or separated from one another and interleaved (e.g., time division multiple access (TDMA)).”) to support a combined power and data transfer ([0025]). It would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to modify the implanted device of Chen in view of Chow, with common frequency of the two RF energies and interleaving a first and second RF energy of Meskens, because such a modification would allow to support a combined power and data transfer.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUSSA M HADDAD whose telephone number is (571)272-6341. The examiner can normally be reached M-TH 8:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOUSSA HADDAD/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796
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