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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4 May 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.
Claim(s) 1-2 and 5-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pre-Grant Publication 2005/0043594 to Dinsmoor et al. (Dinsmoor hereinafter) in view of US Pre-Grant Publication 2017/0126263 to Rinaldi et al. (Rinaldi).
Regarding claims 1 and 15, Dinsmoor teaches a miniaturized medical device (10) and a method of its operation, comprising: an electronic functional device (18) for performing a function of said miniaturized medical device said functional device having an operational state (switch 14 closed) for performing said function and a switched-off state (switch 14 open), and a wake-up device (12) for transferring said functional device from said switched-off state to said operational state, the wake-up device comprises an electrical detection circuit (12) configured to generate a wake-up signal (paragraph 18, “selective application of an external magnetic field by an operator”) for waking up said functional device and a switch device (14) arranged in the electrical detection circuit. Dinsmoor teaches that the wake-up device may have a MEMS reed switch (paragraph 19), but does not explicitly teach that the switch device comprises a switch member, a magnet device attached to the switch member and at least one switch contact associated with the electrical detection circuit , wherein the switch member is excitable by a time-varying magnetic field to perform an oscillating movement, wherein the switch member is configured, caused by said oscillating movement, to act onto said at least one switch contact to perform a switching action of the switching device in the electrical detection circuit for generating the wake-up signal. Rinaldi teaches a zero power radio frequency receiver and resonant detector switch including a switch member (45, see Fig. 4B), a magnet device (transformer, see e.g. Fig. 1) which is at least electrically connected to the switch, and a contact element (47) attached to the switch and a switch contact (49) associated with a detection circuit, switch member oscillates as a mechanical resonant system having a resonant frequency and causes the contact element to cycle between contact and non-contact with the switch contact (paragraph 43, “intermittent contact”) to perform a switching action to generate a wakeup signal (paragraph 17, at number 3). Rinaldi teaches that this circuit is advantageously low in power consumption and reliable in operation (paragraph 8). One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use the switch of Rinaldi as the wakeup switch device of Dinsmoor in order to take advantage of the reliability and low power consumption. The examiner notes that a radio frequency signal such as those discussed by Rinaldi is an electromagnetic signal and as such includes a time varying magnetic field.
Regarding claim 2, Dinsmoor and Rinaldi each teach that the switch is a MEMS switch, as discussed above.
Regarding claim 5, neither Dinsmoor nor Rinaldi explicitly teach a permanent magnet. However, the examiner notes that neither the operation of the switch nor the medical device is tied to the magnetic device or permanent magnet in any substantive way. Therefore, when Dinsmoor teaches providing a magnetic bias (paragraphs 6 and 18), the operation of the medical device is not changed by the device generating the magnetic bias. The examiner therefore takes Official Notice that permanent magnets are known to produce a magnetic bias, based on common understanding extending back long before the effective filing date of the application. One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use a permanent magnet as a simple and well understood magnetic bias source in the apparatus of Dinsmoor.
Regarding claim 6, Rinaldi teaches a substrate (paragraph 18) and a cantilever (“High Q resonator” in Fig. 4B).
Regarding claims 7-8, Dinsmoor teaches a capacitor (C1, see paragraph 30) for storing electrical energy based on the switching action.
Regarding claim 9, Dinsmoor teaches that the switch device is configured to cyclically or intermittently charge the energy storage element.
Regarding claims 10 and 11, Dinsmoor teaches a comparator (30) configured to assess the charging state of the capacitor and to generate the waking signal (paragraph 31).
Regarding claim 12, Dinsmoor teaches a resistor in parallel with the storage element (paragraph 31).
Regarding claim 13, Dinsmoor teaches that the operator has an activator device.
Regarding claim 14, Rinaldi teaches resonant frequencies at which signals are generated (see paragraph 42) to activate the switch. One of ordinary skill in the art would have found it obvious before the effective filing date of the application to use the resonant frequency of the switch as the frequency output by the activator device of Dinsmoor in order to actuate the switch of Rinaldi.
Response to Arguments
Applicant's arguments filed 4 May 2026 have been fully considered but they are not persuasive.
With respect to the argument that the applied references do not teach a magnet device connected to or attached to the switch member, the examiner notes that at least the phrase “connected to” includes the scope of “electrically connected to”. Since Rinaldi teaches an electrically connected magnet device (30, see Fig. 1B), the claims read thereon.
The examiner has contacted applicant’s representative regarding a possible amendment to the effect that the magnet device oscillates with the switch member (see attached Interview Summary). Agreement has not been reached at the time this action is being composed. Subject to consideration of exact language, the examiner holds that this feature constitutes an allowable distinction over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP E STIMPERT whose telephone number is (571)270-1890. The examiner can normally be reached Monday-Friday, 8a-4p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chelsea Stinson can be reached at 571-270-1744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP E STIMPERT/Primary Examiner, Art Unit 3783 16 May 2026
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