Final Rejection
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 .
DETAILED ACTION
The amendment filed 08/10/2026 has been entered. Claims 1-20 remain pending in the application.
Response to Arguments
Applicant' s arguments with respect to claim(s) 1, 7, 15 and all subsequent dependent claims have been considered but are moot in view of the references cited in the most current rejection. Examiner now relies upon the teachings of Perry in view of Song and Chang to teach the invention as currently amended and as detailed below.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-12, 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Perry (US 20150333800 A1) in view of Song (US 20200297324 A1) and Chang (US 20160008032 A1).
Regarding claim 1, Perry teaches an external transceiver (101, 106) configured for ultrasonic communication with an implanted medical implant (108) configured to distract bone of a patient, the external transceiver comprising: an array of ultrasonic transducers configured to be placed adjacent to a patient's skin and each ultrasonic transducer of the array of ultrasonic transducers configured to send and receive an ultrasonic signal. (Paragraphs 13-18, 29, 32, 34-43, 59, Claims 1, 3, Fig.1)
Perry does not explicitly teach a wearable technology configured to be worn by the patient and wherein the external transceiver is disposed in a remote control configured to rotate a magnet in the implanted medical implant changing the dimension of the medical implant to noninvasively distract the bone of the patient, and wherein the external transceiver receives information relating to an axial force on the magnet, wherein thrust bearings of the medical implant mitigate the effect of the axial force on the magnet and wherein the axial force is measured by a force sensor operably coupled to a distraction rod of the medical implant via an adapter plate.
Song teaches wherein the external transceiver (ultrasound transducer array) is disposed in a remote control (140, 210) configured to rotate (rotating) a magnet (230), wherein the external transceiver (140, 210) receives information relating to an axial force on the magnet (output change in magnetic flux density according to the rotation of the magnet 230). (Paragraphs 76, 96-101, 173, Claims 1, 4, Figs.2-5)
Song also teaches wherein the axial force is measured by a force sensor (240) operably coupled to a distraction rod (211) of the medical implant via an adapter plate (“the position sensor 240 may be variously located as long as it can measure a change in magnetic flux density according to rotation of the magnet 230”). (Paragraphs 99-101, Figs.4-5)
Chang teaches to rotate a magnet in the implanted medical implant changing the dimension of the medical implant (non-invasively adjusted (e.g. lengthened)) to noninvasively distract the bone of the patient (Intramedullary distraction devices and bone transport devices have been devised which can be adjusted non-invasively, using a variety of mechanisms such as magnets, motors, shape memory metals, and hydraulics). (Paragraphs 4, 6-8, Figs.18-19)
Chang also teaches wherein thrust bearings (142,342, 354, 356) of the medical implant mitigate the effect of the axial force on the magnet (138, 338). (Paragraphs 43, 50, 53, Figs.8, 14, 15A)
Chang also teaches a wearable technology configured to be worn by the patient. (Fig.19)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate wherein the external transceiver is disposed in a remote control configured to rotate a magnet, wherein the external transceiver receives information relating to an axial force on the magnet and wherein the axial force is measured by a force sensor operably coupled to a distraction rod of the medical implant via an adapter plate as taught by Song in order to detect a change in magnetic flux density according to rotation of the magnet and acquire an ultrasound image without shaking and compensate for the backlash value and further modify Perry to incorporate to rotate a magnet in the implanted medical implant changing the dimension of the medical implant to noninvasively distract the bone of the patient and wherein thrust bearings of the medical implant mitigate the effect of the axial force on the magnet and a wearable technology configured to be worn by the patient as taught by Chang in order to be low profile and allow for placement within the medullary canal of the bone and enable rotation of the magnet between a radial bearing and a thrust bearing.
Regarding claim 2, Perry teaches the array of ultrasonic transducers comprising a phased array. (Paragraphs 13, 25)
Regarding claim 3, Perry teaches the phased array configured to set an azimuthal focal point and steer the azimuthal focal point relative to the phased array. (Paragraphs 13, 25, 43, 50-54, 62)
Regarding claim 4, Perry teaches the phased array configured to steer the azimuthal focal point laterally and change a lateral position of the azimuthal focal point relative to the phased array. (Paragraphs 13, 25, 43, 49-54, 62)
Regarding claim 5, Perry teaches the phased array configured to steer the azimuthal focal point and change a focal depth of the azimuthal focal point relative to the phased array. (Paragraphs 43, 49-54, 62)
Regarding claim 6, Perry teaches the phased array configured to change a width of a focal plane at the azimuthal focal point relative to the phased array. (Paragraphs 43, 48, 36, 39)
Regarding claim 7, Perry teaches a system for ultrasonic communication in medical implants, the system comprising: an implant (108) configured to be implanted within a patient, the implant comprising an ultrasonic transducer configured to transmit and receive ultrasonic signals; and an external transceiver (101, 106) configured to communicate with the implant using an ultrasound signal, the external transceiver comprising: an array of ultrasonic transducers configured to be placed adjacent to a patient's skin and configured to transmit and receive ultrasonic signals. (Paragraphs 13-18, 29, 32, 34-43, 59, Fig.1)
Perry does not explicitly teach a wearable technology configured to be worn by the patient and a distraction rod, a magnet to actuate the distraction rod, and wherein the external transceiver is disposed in a remote control configured to rotate a magnet in the implanted medical implant changing the dimension of the medical implant to noninvasively distract the bone of the patient, and wherein the external transceiver receives information relating to an axial force on the magnet and wherein thrust bearings of the medical implant mitigate the effect of the axial force on the magnet and wherein the axial force is measured by a force sensor operably coupled to a distraction rod of the medical implant via an adapter plate.
Song teaches a distraction rod (211), a magnet (230) to actuate the distraction rod. (Paragraphs 88-91, Figs.3-5)
Song also teaches wherein the external transceiver (ultrasound transducer array) is disposed in a remote control (140, 210) configured to rotate (rotating) a magnet (230), wherein the external transceiver (140, 210) receives information relating to an axial force on the magnet (“output change in magnetic flux density according to the rotation of the magnet 230”). (Paragraphs 76, 96-101, 173, Claims 1, 4, Figs.2-5)
Song also teaches wherein the axial force is measured by a force sensor (240) operably coupled to a distraction rod (211) of the medical implant via an adapter plate (the position sensor 240 may be variously located as long as it can measure a change in magnetic flux density according to rotation of the magnet 230). (Paragraphs 99-101, Figs.4-5)
Chang teaches to rotate a magnet in the implanted implant to actuate the distraction rod and noninvasively change the dimension ((non-invasively adjusted (e.g. lengthened))) of the implanted implant (Intramedullary distraction devices and bone transport devices have been devised which can be adjusted non-invasively, using a variety of mechanisms such as magnets, motors, shape memory metals, and hydraulics). (Paragraphs 4, 6-8, Figs.18-19)
Chang also teaches wherein thrust bearings (142,342, 354, 356) of the medical implant mitigate the effect of the axial force on the magnet (138, 338). (Paragraphs 43, 50, 53, Figs.8, 14, 15A)
Chang also teaches a wearable technology configured to be worn by the patient. (Fig.19)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate a distraction rod and a magnet to actuate the distraction rod, and wherein the external transceiver is disposed in a remote control configured to rotate a magnet, wherein the external transceiver receives information relating to an axial force on the magnet and wherein the axial force is measured by a force sensor operably coupled to a distraction rod of the medical implant via an adapter plate as taught by Song in order to detect a change in magnetic flux density according to rotation of the magnet and acquire an ultrasound image without shaking and compensate for the backlash value and further modify Perry to incorporate to rotate a magnet in the implanted implant to actuate the distraction rod and noninvasively change the dimension of the implanted implant and wherein thrust bearings of the medical implant mitigate the effect of the axial force on the magnet and a wearable technology configured to be worn by the patient as taught by Chang in order to be low profile and allow for placement within the medullary canal of the bone and enable rotation of the magnet between a radial bearing and a thrust bearing.
Regarding claim 8, Perry teaches the array of ultrasonic transducers comprising a phased array. (Paragraphs 13, 25)
Regarding claim 9, Perry teaches the phased array configured to set an azimuthal focal point and steer the azimuthal focal point relative to the phased array. (Paragraphs 13, 25, 43, 49-54, 62)
Regarding claim 10, Perry teaches the phased array configured to steer the azimuthal focal point laterally and change a lateral position of the azimuthal focal point relative to the phased array. (Paragraphs 13, 25, 43, 49-54, 62)
Regarding claim 11, Perry teaches the phased array configured to steer the azimuthal focal point and vary a focal depth of the azimuthal focal point relative to the phased array. (Paragraphs 43, 49-54, 62)
Regarding claim 12, Perry teaches the phased array configured to change a width of a focal plane at the azimuthal focal point. (Paragraphs 43, 48, 36, 39)
Regarding claim 15, Perry teaches a method for ultrasonic communication in medical implants, the method comprising the steps: implanting an implant within a patient, the implant comprising an ultrasonic transducer configured to transmit and receive ultrasonic signals; providing adjacent to the patient's skin an external transceiver configured to communicate with the implant using an ultrasound signal, the external transceiver comprising: an array of ultrasonic transducers configured to transmit and receive ultrasonic signals. (Paragraphs 13-18, 29, 32, 34-43, 59, Fig.1)
Perry does not explicitly teach a distraction rod, a magnet to actuate the distraction rod, and wherein the external transceiver is disposed in a remote control configured to rotate a magnet in the implanted implant to actuate the distraction rod noninvasively changing the dimension of the implanted implant, wherein the external transceiver receives information relating to an axial force on the magnet and wherein thrust bearings of the medical implant mitigate the effect of the axial force on the magnet and wherein the axial force is measured by a force sensor operably coupled to a distraction rod of the medical implant via an adapter plate.
Song teaches a distraction rod (211), a magnet (230) to actuate the distraction rod. (Paragraphs 88-91, Figs.3-5)
Song also teaches wherein the external transceiver (ultrasound transducer array) is disposed in a remote control (140, 210) configured to rotate (rotating) a magnet (230), wherein the external transceiver (140, 210) receives information relating to an axial force on the magnet (“output change in magnetic flux density according to the rotation of the magnet 230”). (Paragraphs 76, 96-101, 173, Claims 1, 4, Figs.2-5)
Song also teaches wherein the axial force is measured by a force sensor (240) operably coupled to a distraction rod (211) of the medical implant via an adapter plate (the position sensor 240 may be variously located as long as it can measure a change in magnetic flux density according to rotation of the magnet 230). (Paragraphs 99-101, Figs.4-5)
Chang teaches to rotate a magnet in the implanted implant to actuate the distraction rod and noninvasively change the dimension ((non-invasively adjusted (e.g. lengthened))) of the implanted implant (Intramedullary distraction devices and bone transport devices have been devised which can be adjusted non-invasively, using a variety of mechanisms such as magnets, motors, shape memory metals, and hydraulics). (Paragraphs 4, 6-8, Figs.18-19)
Chang also teaches wherein thrust bearings (142,342, 354, 356) of the medical implant mitigate the effect of the axial force on the magnet (138, 338). (Paragraphs 43, 50, 53, Figs.8, 14, 15A)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate a distraction rod and a magnet to actuate the distraction rod, and wherein the external transceiver is disposed in a remote control configured to rotate a magnet, wherein the external transceiver receives information relating to an axial force on the magnet and wherein the axial force is measured by a force sensor operably coupled to a distraction rod of the medical implant via an adapter plate as taught by Song in order to detect a change in magnetic flux density according to rotation of the magnet and acquire an ultrasound image without shaking and compensate for the backlash value and further modify Perry to incorporate to rotate a magnet in the implanted implant to actuate the distraction rod and noninvasively change the dimension of the implanted implant and wherein thrust bearings of the medical implant mitigate the effect of the axial force on the magnet as taught by Chang in order to be low profile and allow for placement within the medullary canal of the bone and enable rotation of the magnet between a radial bearing and a thrust bearing.
Regarding claim 16, Perry teaches transmitting an ultrasound signal to the implant using the external transceiver, the ultrasound signal configured to activate the implant. (Paragraphs 59, 13-18, Fig.1)
Regarding claim 17, Perry teaches the phased array configured to set an azimuthal focal point and steer the azimuthal focal point relative to the phased array. (Paragraphs 13, 25, 43, 49-54, 62)
Regarding claim 20, Perry teaches varying a focal width of the azimuthal focal point to maximize transmission of an ultrasonic signal transmitted to the implant. (Paragraphs 43, 48, 36, 39)
Claim(s) 13-14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Perry in view of Song, Chang and Van Velsor (US 20090150094 A1).
Regarding claim 13, Perry teaches the phased array configured to process the azimuthal focal point to maximize an amount of transmission of ultrasonic signals transmitted to the implant. (Paragraphs 13, 25, 38-43, 50-54, 62)
Perry does not explicitly teach the phased array configured to rasterize the azimuthal focal point.
Van Velsor teaches the phased array configured to rasterize the azimuthal focal point. (Paragraph 45, Figs.8A-8B)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate the phased array configured to rasterize the azimuthal focal point as taught by Van Velsor in order generate a scan image of the inspected area (See Paragraph 45).
Regarding claim 14, Perry teaches the phased array configured to process a focal depth of the azimuthal focal point to maximize transmission of the ultrasonic signal transmitted to the implant. (Paragraphs 38-43, 49-54, 62)
Perry does not explicitly teach the phased array configured to rasterize a focal depth of the azimuthal focal point.
Van Velsor teaches the phased array configured to rasterize a focal depth of the azimuthal focal point. (Paragraph 45, Figs.8A-8B)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate the phased array configured to rasterize a focal depth of the azimuthal focal point as taught by Van Velsor in order generate a scan image of the inspected area (See Paragraph 45).
Regarding claim 18, Perry teaches process a lateral position of the azimuthal focal point to maximize transmission of an ultrasonic signal transmitted to the implant. (13, 25, 38-43, 49-54, 62)
Perry does not explicitly teach rasterizing a lateral position of the azimuthal focal point.
Van Velsor teaches rasterizing a lateral position of the azimuthal focal point. (Paragraph 45, Figs.8A-8B)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate rasterizing a lateral position of the azimuthal focal point as taught by Van Velsor in order generate a scan image of the inspected area (See Paragraph 45).
Regarding claim 19, Perry teaches process a focal depth of the azimuthal focal point to maximize transmission of an ultrasonic signal transmitted to the implant. (Paragraphs 38-43, 49-54, 62)
Perry does not explicitly teach rasterizing a focal depth of the azimuthal focal point.
Velsor teaches rasterizing a focal depth of the azimuthal focal point. (Paragraph 45, Figs.8A-8B)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Perry to incorporate rasterizing a focal depth of the azimuthal focal point as taught by Van Velsor in order generate a scan image of the inspected area (See Paragraph 45).
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.
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/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
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