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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/2026 has been entered.
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 1-6, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima [JP2015-181777, of record, previously cited] in view of Erickson et al. [US2002/0022873, of record, previously cited, “Erickson”], and Kobayashi [JP2001-299713, of record, previously cited].
Fukushima discloses a method for producing an implantable electrode device (10/81) comprising: providing an electrically insulating support (4/34) (paragraph 0025, 0052, 0126), providing a plurality of electrically conductive electrode elements (1/ 81) (paragraph 0030, 0033, 0053, 0124), and attaching the electrode elements to the support (paragraph 0053-56, 0124-128), wherein for attaching the electrode elements to the support, the electrode elements and/or the support are heated and the electrode elements are pressed against the support (paragraphs 0053-56, 0127).
Fukushima discloses a plurality of electrode elements (for example Figure 3), but does not disclose an arrangement with the elements arranged in rows next to each other and are placed in relation to each other.
Erickson discloses a method of making an implantable electrode device. Erickson discloses alternative configurations of the device including a device as shown in Figure 3, where the electrodes (20/40) are arranged in an arrangement similar to the disclosure of Fukushima, and an alternative arrangement as shown in Figure 4 wherein the electrode elements (20/40) are arranged in rows next to each other and are placed in relation to each other.
Fukushima discloses a portion (71g) of the electrode is pressed into the support (34A) in such a way that the portion (71g) penetrates an underside facing away from an upper side of the support (34A) and an electrically supply line (2) is connected to the portion (71g) (Figure 22-26). Fukushima does not explicitly disclose a pin and head arrangement.
Kobayashi discloses an electrode that includes a pin (6) and a head (4) such that when the electrode is attached to the support the pin (6) penetrates an underside of the support (paragraph 0078-82; Figure 3), and a supply line (15) is connected to the head (4) (Figure 4b and 4c).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Fukushima by substituting the electrode element arrangement with the arrangement as taught by Erickson with the electrode elements in rows next to each other as a substation of known alternatives is within the ability of one of ordinary skill; and to modify the method of Fukushima by including a pin that penetrates the underside of the support and a head that attaches to a supply line as taught by Kobayashi in order to secure the electrode and the improve the connection between the electrode and support and thereby improve the quality of the final product, and also to improve the ease of assembly process.
With respect to claim 2, Fukushima discloses the support is made of a thermoplastic (paragraph 0025).
With respect to claim 3, Fukushima discloses the support is made of a material comprising polyurethane (paragraph 0025).
With respect to claim 4, Fukushima discloses attaching the at least on electrode elements to the support ,the electrode elements and/or the support are heated to a temperature greater than 100°C (paragraph 0056), it is noted the language “preferably” is considered to be described a preferred but not required feature and is therefore considered to be optional.
With respect to claim 5, Fukushima discloses the electrode elements are placed on an upper side of the support (Figure 7).
With respect to claim 6, Fukushima discloses the electrode elements are pressed against the support in such a way that an upper side of the electrode elements are flush with the upper side of the support (Figures 8 and 9).
With respect to claim 9, the electrode elements have at least one fastening element (1c) which is pressed into the support when the at least one electrode element is attached to the support (paragraphs 0030, 0033, 0048).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Fukushima, Erickson, Kobayashi, and further in view of JP Publication ‘922 [JP2000-502922, of record, previously cited].
Fukushima as modified discloses a method for producing an implantable electrode device. Applicant is referred to paragraph 4 for a detailed discussion of Fukushima as modified. Fukushima discloses the electrode is connected to the support but fails to disclose an encasement.
JP Publication ‘922 discloses an enclosure made of silicone material is applied to surround a support after an electrode is attached to the support (Figure 2E).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Fukushima by applying an encasement to surround the support as taught by JP Publication ‘922 in order to provide protection to the electrode.
With respect to claim 13, JP Publication ‘922 discloses the encasement is silicone materials (page 10, lines 15-18).
Response to Arguments
Applicant's arguments filed 5/12/2026 have been fully considered but they are not persuasive. Applicant asserts there is no teaching in each Fukushima or Kobayashi of an electrical supply line extending from a head. Fukushima discloses an electrically supply line extending from a projection of the electrode that extends though the support (Figures 22-26). Kobayashi discloses a head (4) is attached to a projection extending though to a back side of the support, and Kobayashi discloses a supply line (15) attached to the head (Figure 4b, and 4c).
Applicant asserts Fukushima requires the supply line is connected before attaching its electrode element to its support, which precludes generating the arrangement required by the claims. Fukushima discloses a supply line can be attached to a projection of the electrode while generating the arraignment the supply line being attached to a portion protruding though a support, and Kobayashi shows the supply line (15) can be attached to the head (Figure 4b-c) generating the arrangement required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MCNALLY whose telephone number is (571)272-2685. The examiner can normally be reached M-F 9-5.
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/DANIEL MCNALLY/Primary Examiner, Art Unit 1746
DPM
June 18, 2026
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