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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered.
Claim Status
This Office Action is in response to communications filed on 7/11/2025. Claims 1-2, 11 and 12 were amended. Claim 10 was cancelled. Claims 1-9 and 11-15 remain pending for examination.
Title 35, U.S. Code
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
Claim Rejections - 35 USC § 103
Claim 1-3, 5-6, 11-12 and 14 are rejected under 35 U.S.C. 103 as being obvious over Goetz (U.S. Patent Application Pub. 2010/022845) in view of Degen et al. (U.S. Patent Application Pub. 2018/0060520) further in view of Yoder et al. (U.S. Patent Application Pub. 20230245734).
Regarding claim 1 (Currently Amended), Goetz teaches a data system (100) (a remote monitoring system; ¶007; Fig 1: system 10 for managing delivery of therapy to patient 12 and usage information 8; ¶032) for managing an information associated with an implantable device (IMP) (System 10 includes implantable medical device (IMD) 14 that delivers therapy to patient 12, a clinician programmer 20, a patient programmer 26, and a remote networking device 4 that receives usage information 8 from IMD 14, patient programmer 26, or both via a network 2; ¶032), the data system comprising:
the implantable device (IMP) (implantable medical device (IMD) 14; ¶032);
wherein the data system is configured as a distributed database to store the information in two or more nodes (patient programmer 26, IMD 14 and remote networking device 4; ¶037) of the data system (patient programmer 26, IMD 14, both record usage information 8 during normal operation, i.e., during operation outside of a clinical environment; ¶037); wherein the implantable device is configured as one of the two or more nodes (IMD 14 may record (store) usage information 8 and send this information other nodes like remote site via network 2; ¶037).
Goetz is silent on wherein the information, comprises at least one information entity, the at least one information entity comprising at least one of: patient identifiable information, follow-up information, or lead system information. Degen from an analogous art teaches the concept wherein the information, comprises at least one information entity, the at least one information entity comprising patient identifiable information (¶063; FIG. 6, mobile device 80 configured to run mobile graphic user interface for displaying patient identifying information 81 and patient data 82 such as physiological and/or operational data…patient using the patient mobile device 80 may view instantaneous or archived data generated by implantable device 15). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept wherein the information, comprises at least one information entity, the at least one information entity comprising patient identifiable information, as taught by Degen for allowing the patient to monitor his or her physiological wellbeing at all times.
While Goetz further mentions a user device (CP) (Fig 1; patient programmer 26) for entering the information into the data system (100) (remote networking device 4 receives usage information from patient programmer 26 over network 2; ¶038), but Goetz and Degen are both silent on wherein the data system further comprises a user device (CP) configured for entering the information into the data system, the user device being another of the two or more nodes and wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device.
Yoder from an analogous art teaches automating the enrollment process including new account registration, whereby medical systems and techniques effectuate functionality as soon as possible upon implantation of a medical device (¶007-(¶008. Yoder also teaches wherein an implantable device (IMD 10) is configured as one of the two or more nodes (see Fig 1 and 5; nodes include: IMD 10, external patient device 12, external clinician device 95, computing devices 99 & server 94; also see ¶020-¶022 medical system implements technique for substantially automating enrollment process… to commence normal operation of medical device), wherein the data system further comprises a user device (CP) (Figs 1 & 5; external patient device 12, external clinician device 95, computing devices 99 are all user devices configured for entering the information into the data system; (¶076; new account registration involves any degree of user interaction, the registration logic may prepare the new account registration with appropriate attribute information using various data provided by the patient… application 88 and/or registration logic may generate, for presentation on a computer display, a user interface (UI) such as a GUI on a mobile device screen, which may be followed by the registration logic incorporating, into the new account registration, at least some information that patient 4 entered into a GUI component; also see ¶076-¶082 for full context) the user device being another of the two or more nodes (¶007; a sequence of operations in which various data attributes are exchanged between a computing service for (e.g., account) authorization in using the application (e.g., a mobile application) as an interface…via communication medium provides identity information (e.g., a globally unique identifier) for patient to use with the application, for example, for accessing computing resources, executing application functionality, and initiating medical device operation);also see;
wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) (¶028; External device 12 may be used to configure operational parameters for IMD 10) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device (¶024; medical device… is implanted in patient, and at time of implantation, a smart mobile phone owned by patient may launch mobile application to execute enrollment process, which may include the registration of new patient account; ¶028; computing devices may interact with IMD 10 in a manner similar to external device 12, e.g., to program IMD 10 and/or retrieve data from IMD 10, via a network; Note see ¶024-¶029 for full context). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to further combine the system of Goetz with the concepts wherein the data system further comprises a user device (CP) configured for entering the information into the data system, the user device being another of the two or more nodes ; and wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device, as taught by Yoder, for allowing the patient to immediately/quickly complete the enrollment process to satisfaction of computing service so that latency between the patient receiving the medical device and successfully enrolling themself and the application into the computing service for remote monitoring and said patient also receives without substantial delay the medical care they were intended to receive (Yoder; ¶004).
Regarding claim 2 (Currently Amended), , Goetz, Degen and Yoder in combination teach the data system according to claim 1, and Goetz further teaches wherein the two or more nodes further comprise the following nodes:
a backend system (BE) (remote networking device includes a server 100 that interacts with IMD 14, patient programmer 26, and clinician programmer 20 via network 2; Fig 6, ¶084).
Regarding claim 3, Goetz, Degen and Yoder in combination teach the data system according to claim 2, and Goetz further teaches wherein the user device (CP) (Fig 1; patient programmer 26) comprises:
a user interface for receiving the information (Fig 2, Patient programmer 26 may also be a handheld computing device. Patient programmer 26 includes a display 28 and a keypad 30, to allow patient 12 to interact with patient programmer 26; ¶051);
a storage unit for storing the information (Fig 2; Patient programmer 26 as a handheld computing device would include a means for memory; ¶051); and
a transmitter (Figs 1 & 2; wireless transmitting means) for transmitting the information to the implantable device (IMP) over an initial communication link (120) between the user device (CP) and the implantable device (IMP) (Figs 1 & 2; patient programmer 26 may directly connect to network 2 via a wired or wireless connection or may connect to network 2 via a link device as described with respect to IMD 14; ¶038; also see transmitting; ¶042) for storing the information in the implantable device (patient 12 may use patient programmer 26 to control the delivery of neurostimulation therapy by IMD 14. For example, patient 12 may use patient programmer 26 to select the program or program group that will be used by IMD 14 to deliver therapy from one or more lists of programs or groups, adjust parameter values, and activate or deactivate therapy; ¶051).
Regarding claim 5, , Goetz, Degen and Yoder in combination teach the data system according to claim 3, and Goetz further teaches wherein the user device (CP) (Fig 2, Patient programmer 26) is further configured to communicate the information to the backend system (BE) (Fig 1; remote networking device per Figs 6 & 10 as a server 100 that interacts with patient programmer 26 via network 2; ¶084) over a first communication path (Fig 1; patient programmer 26 to network 2 to remote networking device 4 as shown) for storing the information in the backend system (BE) (server 100 accesses database 102 that stores programs and information as patient records 104 for a plurality of patients, i.e., patient 12 and one or more other patients; ¶084, also see ¶085).
Regarding claim 6, , Goetz, Degen and Yoder in combination teach the data system according to claim 3, and Goetz further teaches wherein the implantable device (IMP) (Fig 1; implantable medical device (IMD) 14) is configured to communicate the information to the backend system (BE) (Fig 1; remote networking device per Figs 6 & 10 as a server 100 that interacts with IMD 14 via network 2; ¶084) over a second communication path (Fig 1; implantable medical device (IMD) 14 to network 2 to remote networking device 4 as shown) for storing the information in the backend system (BE) (server 100 accesses database 102 that stores programs and information as patient records 104 for a plurality of patients, i.e., patient 12 and one or more other patients; ¶084, also see ¶085 ).
Regarding claim 11 (Currently Amended), Goetz teaches an implantable device (IMP) (Fig 1; system 10 includes implantable medical device (IMD) 14; ¶032), wherein the implantable device is configured as a node (IMD 14 may record (store) usage information 8 and send this information to other nodes like remote site via network 2; ¶037) of a distributed database (Figs 1-2); to store an information associated with the implantable device (¶037) that is also stored in at least one further node (patient programmer 26, remote networking device 4; ¶037) of the distributed database (Figs 1-2).
Goetz is silent on wherein the information stored by the implantable device as the node comprises at least one information entity, the at least one information entity comprising at least one of: patient identifiable information, follow-up information, or lead system information. Degen from an analogous art teaches the concept wherein the information stored by the implantable device as the node comprises at least one information entity, the at least one information entity comprising: patient identifiable information. (¶063; FIG. 6, mobile device 80 configured to run mobile graphic user interface for displaying patient identifying information 81 and patient data 82 such as physiological and/or operational data…patient using the patient mobile device 80 may view instantaneous or archived data generated by implantable device 15). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept wherein the information, comprises at least one information entity, the at least one information entity comprising patient identifiable information, as taught by Degen for allowing the patient to monitor his or her physiological wellbeing at all times.
While Goetz further mentions a user device (CP) (Fig 1; patient programmer 26) for entering the information into the data system (100) (remote networking device 4 receives usage information from patient programmer 26 over network 2; ¶038), but Goetz and Degen are both silent on wherein the data system further comprises a user device (CP) configured for entering the information into the data system, the user device being another of the two or more nodes and wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device.
Yoder from an analogous art teaches automating the enrollment process including new account registration, whereby medical systems and techniques effectuate functionality as soon as possible upon implantation of a medical device (¶007-(¶008. Yoder also teaches wherein an implantable device (IMD 10) is configured as one of the two or more nodes (see Fig 1 and 5; nodes include: IMD 10, external patient device 12, external clinician device 95, computing devices 99 & server 94; also see ¶020-¶022 medical system implements technique for substantially automating enrollment process… to commence normal operation of medical device), wherein the data system further comprises a user device (CP) (Figs 1 & 5; external patient device 12, external clinician device 95, computing devices 99 are all user devices configured for entering the information into the data system; (¶076; new account registration involves any degree of user interaction, the registration logic may prepare the new account registration with appropriate attribute information using various data provided by the patient… application 88 and/or registration logic may generate, for presentation on a computer display, a user interface (UI) such as a GUI on a mobile device screen, which may be followed by the registration logic incorporating, into the new account registration, at least some information that patient 4 entered into a GUI component; also see ¶076-¶082 for full context) the user device being another of the two or more nodes (¶007; a sequence of operations in which various data attributes are exchanged between a computing service for (e.g., account) authorization in using the application (e.g., a mobile application) as an interface…via communication medium provides identity information (e.g., a globally unique identifier) for patient to use with the application, for example, for accessing computing resources, executing application functionality, and initiating medical device operation);also see;
wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) (¶028; External device 12 may be used to configure operational parameters for IMD 10) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device (¶024; medical device… is implanted in patient, and at time of implantation, a smart mobile phone owned by patient may launch mobile application to execute enrollment process, which may include the registration of new patient account; ¶028; computing devices may interact with IMD 10 in a manner similar to external device 12, e.g., to program IMD 10 and/or retrieve data from IMD 10, via a network; Note see ¶024-¶029 for full context). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to further combine the system of Goetz with the concepts wherein the data system further comprises a user device (CP) configured for entering the information into the data system, the user device being another of the two or more nodes ; and wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device, as taught by Yoder, for allowing the patient to immediately/quickly complete the enrollment process to satisfaction of computing service so that latency between the patient receiving the medical device and successfully enrolling themself and the application into the computing service for remote monitoring and said patient also receives without substantial delay the medical care they were intended to receive (Yoder; ¶004).
Regarding claim 12 (Currently Amended), Goetz teaches a method (Figs 1-2, 10) for managing an information associated with an implantable device (IMP) (Fig 1; system 10 includes implantable medical device (IMD) 14; ¶032), wherein the implantable device is part of a distributed database, (IMD 14 may record (store) usage information 8 and send this information to other nodes like remote site via network 2; ¶037) the method comprising:
entering the information into a user device (CP) (Fig 2; patient 12 may use patient programmer 26 to control the delivery of neurostimulation therapy by IMD 14. For example, patient 12 may use patient programmer 26 to select the program or program group that will be used by IMD 14 to deliver therapy from one or more lists of programs or groups, adjust parameter values, and activate or deactivate therapy; ¶051);
transmitting the information from the user device to the implantable device over an initial communication link ((Figs 1 & 2; patient programmer 26 may directly connect to network 2 via a wired or wireless connection or may connect to network 2 via a link device as described with respect to IMD 14; ¶038; also see transmitting; ¶042); storing the information in the implantable device (patient 12 may use patient programmer 26 to control the delivery of neurostimulation therapy by IMD 14. For example, patient 12 may use patient programmer 26 to select the program or program group that will be used by IMD 14 to deliver therapy from one or more lists of programs or groups, adjust parameter values, and activate or deactivate therapy; ¶051));
the method further comprising at least one of the following:
communicating the information from the user device (CP) to a backend system (BE) (Fig 1; remote networking device per Figs 6 & 10 as a server 100 that interacts with patient programmer 26 via network 2; ¶084) over a first communication path (Fig 1; patient programmer 26 to network 2 to remote networking device 4 as shown) or communicating the information from the implantable device (IMP) to the backend system (BE) over a second communication path (Fig 1; implantable medical device (IMD) 14 to network 2 to remote networking device 4 as shown).
Goetz is silent on wherein the implantable device is configured as a node of the distributed database, and wherein the information stored in the implantable device comprises at least one information entity, the at least one information entity comprising at least one of: patient identifiable information, follow-up information, or lead system information. Degen from an analogous art teaches the concept wherein the implantable device is configured as a node of a distributed database, and wherein the information stored in the implantable device comprises at least one information entity, the at least one information entity comprising patient identifiable information (¶063; FIG. 6, mobile device 80 configured to run mobile graphic user interface for displaying patient identifying information 81 and patient data 82 such as physiological and/or operational data…patient using the patient mobile device 80 may view instantaneous or archived data generated by implantable device 15). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept wherein the implantable device is configured as a node of the distributed database, and wherein the information stored in the implantable device comprises at least one information entity, the at least one information entity comprising: patient identifiable information, as taught by Degen for the purpose of allowing the patient to monitor his or her physiological wellbeing at all times.
While Goetz further mentions a user device (CP) (Fig 1; patient programmer 26) for entering the information into the data system (100) (remote networking device 4 receives usage information from patient programmer 26 over network 2; ¶038), but Goetz and Degen are both silent on wherein the data system further comprises a user device (CP) configured for entering the information into the data system, the user device being another of the two or more nodes and wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device.
Yoder from an analogous art teaches automating the enrollment process including new account registration, whereby medical systems and techniques effectuate functionality as soon as possible upon implantation of a medical device (¶007-(¶008. Yoder also teaches wherein an implantable device (IMD 10) is configured as one of the two or more nodes (see Fig 1 and 5; nodes include: IMD 10, external patient device 12, external clinician device 95, computing devices 99 & server 94; also see ¶020-¶022 medical system implements technique for substantially automating enrollment process… to commence normal operation of medical device), wherein the data system further comprises a user device (CP) (Figs 1 & 5; external patient device 12, external clinician device 95, computing devices 99 are all user devices configured for entering the information into the data system; (¶076; new account registration involves any degree of user interaction, the registration logic may prepare the new account registration with appropriate attribute information using various data provided by the patient… application 88 and/or registration logic may generate, for presentation on a computer display, a user interface (UI) such as a GUI on a mobile device screen, which may be followed by the registration logic incorporating, into the new account registration, at least some information that patient 4 entered into a GUI component; also see ¶076-¶082 for full context) the user device being another of the two or more nodes (¶007; a sequence of operations in which various data attributes are exchanged between a computing service for (e.g., account) authorization in using the application (e.g., a mobile application) as an interface…via communication medium provides identity information (e.g., a globally unique identifier) for patient to use with the application, for example, for accessing computing resources, executing application functionality, and initiating medical device operation);also see;
wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) (¶028; External device 12 may be used to configure operational parameters for IMD 10) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device (¶024; medical device… is implanted in patient, and at time of implantation, a smart mobile phone owned by patient may launch mobile application to execute enrollment process, which may include the registration of new patient account; ¶028; computing devices may interact with IMD 10 in a manner similar to external device 12, e.g., to program IMD 10 and/or retrieve data from IMD 10, via a network; Note see ¶024-¶029 for full context). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to further combine the system of Goetz with the concepts wherein the data system further comprises a user device (CP) configured for entering the information into the data system, the user device being another of the two or more nodes ; and wherein the user device is configured to transmit the information to the implantable device over an initial communication link (120) substantially concurrently with the entering of the information into the user device such that the information is redundantly stored on both the user device and the implantable device, as taught by Yoder, for allowing the patient to immediately/quickly complete the enrollment process to satisfaction of computing service so that latency between the patient receiving the medical device and successfully enrolling themself and the application into the computing service for remote monitoring and said patient also receives without substantial delay the medical care they were intended to receive (Yoder; ¶004).
Regarding claim 14, , Goetz, Degen and Yoder in combination teach the method according to claim 12, and Goetz further teaches the method further comprising relating information entities which are comprised in the information to each other (usage information 8 may include information that relates to use of therapy by patient 12, i.e., information relating to the use of programs/groups 60 by patient 12, adjustments to programs or groups by patient 12, and the overall use of therapy by patient 12. For example, usage information 8 for a program may indicate the number of times patient 12 selected a program, the average or median length of time that a program was used when selected, the average amount of time a program was used over a period of time, such as one a per day, week, or month basis, or the total amount of time or percentage of time that the program was used since the most recent programming session. Usage information 8 may also include information that relates to navigation patterns of a user interface of patient programmer 26, or information that relates to use of features of patient programmer 26; ¶059).
Claims 4, 8 and 15 are rejected under 35 U.S.C. 103 as being obvious over Goetz (U.S. Patent Application Pub. 2010022845) in view of Degen et al. (U.S. Patent Application Pub. 2018/0060520) further in view of Yoder et al. (U.S. Patent Application Pub. 20230245734) and still further in view of Gerst et al. (U.S. Patent 9,773,060).
Regarding claim 4, Goetz, Degen and Yoder in combination teach the data system according to claim 3, but all are silent on wherein the data system (100) is configured such that only the user device (CP) is allowed to transmit the information to the implantable device (IMP) for storing the information in the implantable device.
Gerst from an analogous art teaches a system and method for providing automatic setup of a remote patient care environment (Abstract), an automated patient management environment 10 (col 3:31-34) and the concept wherein the data system (100) is configured such that only the user device (CP) is allowed to transmit the information to the implantable device (IMP) for storing the information in the implantable device (see Fig 2, elements 12, 15 & 17 and patient management device 12 includes a user interface 23 and is uniquely assigned to a patient under treatment 14 to provide a localized and network-accessible interface to one or more medical devices 15-18; col 3:48-51). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the communication system of Goetz with the concept wherein the data system (100) is configured such that only the user device (CP) is allowed to transmit the information to the implantable device (IMP) for storing the information in the implantable device, as taught by Gerst in order to provide a localized interface to the medical devices.
Regarding claim 8, Goetz, Degen and Yoder in combination teach the data system according to claim 6, and Goetz at least suggests wherein the second communication path may comprises communication from the implantable device to the backend system via a patient device (PR) (see Fig 1). Moreover, Gerst from an analogous art teaches the concept wherein a second communication path (130, 140) comprises communication from the implantable device to the backend system via a patient device (PR) (Fig 2, patient management device 12, elements 15 & 17 and patient management device 12 includes a user interface 23 and is uniquely assigned to a patient under treatment 14 to provide a localized and network-accessible interface to one or more medical devices 15-18; col 3:48-51). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept wherein the second communication path (130, 140) comprises communication from the implantable device to the backend system via a patient device (PR), as taught by Gerst in order to utilize one option of networking implementations commonly known by those of ordinary skill in the art in the art.
Regarding claim 15, Goetz, Degen and Yoder in combination teach the method according to claim 12, and Gerst further teaches the method further comprising:
communicating the information from the implantable device (IMP) (communicating
information from medical devices 15 and/or 17; Fig 2) to the backend system (BE) (centralized server 13; Fig 2) over the second communication path (POTS network 22) via a patient device (PR) (patient medical device 12; Fig 2). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept of communicating the information from the implantable device (IMP) to the backend system (BE) over the second communication, as taught by Gerst in order to utilize one option of networking implementations commonly known by those of ordinary skill in the art in the art.
Claims 7 and 13 are rejected under 35 U.S.C. 103 as being obvious over Goetz (U.S. Patent Application Pub. 2010022845) in view of Degen et al. (U.S. Patent Application Pub. 2018/0060520) further in view of Yoder et al. (U.S. Patent Application Pub. 20230245734) and still further in view of Thompson et al. (U.S. Patent 7,616,559).
Regarding claim 7, Goetz, Degen and Yoder in combination teach the data system according to claim 6, and Goetz further teaches wherein the data system (100) is configured to instruct the implantable device (IMP) to communicate the information over the second communication path (Fig 1; implantable medical device (IMD) 14 to network 2 to remote networking device 4 as shown; ¶084).
Goetz, Degen and Yoder alone or in combination are all silent on communicating the information over the second communication path if the first communication path is not available. Thompson from an analogous art teaches a system including a client device, a server device, and multiple links for connecting the devices for communications of information therebetween (Abstract). Thompson further teaches the concept of communicating the information over the second communication path if the first communication path is not available (method of communications, comprising: detecting a first communications link… for communications of information between a client device and a server device and detecting a second communications link for communications of information between the client device and the server device, selecting the first communications link, for communicating between the client device and the server device if available and if the first communications link is not available, selecting the second communications link for communicating between the client device and the server device; linking to one of either the first communications link and the second communications link at each instant, to maintain communicative connectivity during communications between the client device and the server device; claim 5). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept of communicating the information over the second communication path if the first communication path is not available, as taught by Thompson in order to optionally utilize one of two communications links in a way commonly known by those of ordinary skill in the art in the art.
Regarding claim 13, Goetz, Degen and Yoder in combination teach the method according to claim 12, but Goetz, Degen and Yoder alone or in combination are all silent on the method further comprising communicating the information over the second communication path, if the first communication path is not available.
Thompson from an analogous art teaches a system including a client device, a server device, and multiple links for connecting the devices for communications of information therebetween (Abstract). Thompson further teaches the concept of communicating the information over the second communication path if the first communication path is not available (method of communications, comprising: detecting a first communications link… for communications of information between a client device and a server device and detecting a second communications link for communications of information between the client device and the server device, selecting the first communications link, for communicating between the client device and the server device if available and if the first communications link is not available, selecting the second communications link for communicating between the client device and the server device; linking to one of either the first communications link and the second communications link at each instant, to maintain communicative connectivity during communications between the client device and the server device; claim 5). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Cordonnier with the concept of communicating the information over the second communication path if the first communication path is not available, as taught by Goetz in order to optionally utilize one of two communications links in a way commonly known by those of ordinary skill in the art in the art.
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over Goetz (U.S. Patent Application Pub. 2010022845) in view of Degen et al. (U.S. Patent Application Pub. 2018/0060520) further in view of Yoder et al. (U.S. Patent Application Pub. 20230245734) and still further in view of Remer et al. (U.S. Patent 6,598,083).
Regarding claim 9, Goetz, Degen and Yoder teach the data system according to claim 6, and Goetz further teaches wherein the data system (100) is configured to communicate the information over the second communication path (see claim 6 above); and a communication link between the user device (CP) and the implantable device (IMP) (see Figs 1-2).
Goetz, Degen and Yoder alone or in combination are silent on second communication after the initial communication link between the user device (CP) and the implantable device (IMP) being terminated. Remer from an analogous art teaches the concept whereby communicating information over a second communication path after an initial communication link between devices is terminated (trusted arbitrator transmits a first communication to the connection entity, the first communication being transmitted at least in part over a first communications link that is terminated after the first communication is completed, and wherein after beginning to receive the first communication, the connection entity transmits a second communication to the trusted arbitrator, the second communication being transmitted at least in part over a second communications link being a non-continuous communications link, and wherein the second communication comprises information directed to the remote entity relayed by the trusted arbitrator; claim 1). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the system of Goetz with the concept whereby communicating information over a second communication path after an initial communication link between devices is terminated, as taught by Remer in order to use two communication links in sequential order for redundant communications between two devices.
Response to Arguments
Applicant’s prior art arguments to claims 1-15 have been fully considered, but are moot because independent claims 1, 11 and 12 were amended by Applicant to include new features that were never previously presented. Therefore, the scope of claims 1-9 and 11-15 and their respective dependent claims were changed. Likewise, another prior art is applied to reject these claims.
Conclusion
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/MANCIL LITTLEJOHN JR/Examiner, Art Unit 2685
/QUAN ZHEN WANG/Supervisory Patent Examiner, Art Unit 2685