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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/26/25 has been entered.
Response to Arguments
Applicant’s arguments and amendments, see Remarks and Amendments, filed 3/6/26, with respect to the rejection(s) of claim(s) 10-11, 13, 25, 30, 33-36, 41-42, 46, 55, 121-123 under Wu in view of Siegel in view of Hackett have been fully considered but they are not persuasive. The Applicant argues that Wu in view of Siegel and Hackett fail to disclose using ISM band of 915MHz for intravaginal stimulation. The Examiner respectfully disagrees. Wu discloses using a second device that is intravaginal, intrarectal or intraurethral uses Zigbee which is well known in the US, North America and Australia to use 915MHz frequency, but Wu fails to explicitly disclose that the 915MHz frequency is an ISM band. While well known that 915MHz is an ISM band, Hackett teaches that it is known to use ISM-915 as set forth in Abstract, Paragraphs 4 and 53 to transmit medical data using long range and unlicensed ISM bands that do not require a license thereby reducing the costs and reducing maintenance costs. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Wu in view of Siegel, with wireless communication frequencies as taught by Hackett, since such a modification would provide the predictable results of analyzing the pelvic floor movement with an intravaginal device with long range wireless transmission in the well-known ISM-915MHz band to reduce costs.
Therefore, the rejection stands.
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) 10-11, 13, 25, 30, 33-36, 41-42, 46, 121-122 and 123 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (U.S. Pub. 2016/0287887 hereinafter “Wu”) in view of Siegel (U.S. Pub. 2015/0196802) and further in view of Hackett (U.S. Pub. 2009/0204265).
Regarding claim 10, 30, 42, 46 and 123, Wu discloses a system comprising:(a) a relay device (e.g. 102) comprising a radio frequency (RF) transceiver configured to transmit and receive a first RF signal at a first frequency of greater than about 1 GHz from a first device (e.g. 201; ¶¶19, 24) and a second RF signal at a second frequency of less than about 1 GHz from a second device (e.g. 101; ¶19; “ISM or MICS”); wherein the first device comprises a first transmitter and/or receiver that is configured to transmit and/or receive the first radio frequency signal at the first frequency (e.g. ¶¶19, 24); and (b) a second device comprising a second transmitter and/or receiver configured to transmit and/or receive the second RF signal at the second frequency (e.g. 101; ¶19). Wu discloses the claimed intravaginal, intrarectal or intraurethral device but fails to explicitly state that the type of sensor. However, Siegel teaches a similar device that senses the pelvic floor by determining the position of and pressures exerted on the subject's vagina, rectum, or urethra that is generated by the plurality of accelerometers is displayed and/or recorded on a graphical user interface of the peripheral device (e.g. ¶¶133, 149). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the sensor as taught by Wu with an accelerometer(s) as taught by Siegel, since such a modification would provide the predictable results of using a known sensor for measuring the intervaginal pressure.
Wu in view of Siegel discloses the claimed invention but fails to disclose that the system utilizes an ISM-915 communication frequency. However, Hackett teaches that it is known to use ISM-915 as set forth in Abstract, Paragraphs 4 and 53 to transmit medical data using long range and unlicensed ISM bands that do not require a license thereby reducing the costs and reducing maintenance costs. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Wu in view of Siegel, with wireless communication frequencies as taught by Hackett, since such a modification would provide the predictable results of analyzing the pelvic floor movement with an intravaginal device with long range wireless transmission in the well-known ISM-915MHz band to reduce costs.
Regarding claim 11, meeting the limitations of claim 10 above, Wu in view of Siegel and Hackett further discloses wherein the first device is a Bluetooth Low Energy (BLE) BLE device (e.g. Wu; ¶19; “BLE 2.45 GHz”) and/or wherein the second device is an industrial, scientific, and medical (ISM) (e.g. Hackett; Abstract, Paragraphs 4 and 53; “ISM-915”).
Regarding claim 13, meeting the limitations of claim 10 above, Wu further discloses a peripheral device, wherein the peripheral device comprises the first device and/or the relay device (e.g. 201).
Regarding claim 25, meeting the limitations of claim 10 above, Siegel further discloses wherein the intravaginal, intrarectal, or intraurethral medical device comprises a plurality of the position or movement sensors (e.g. ¶59).
Regarding claim 33, meeting the limitations of claim 10 above, Wu further discloses a method of using the system of claim 10 comprising; (a) transmitting the second RF signal at the second frequency from the second device to the relay device (e.g. Fig. 5).; (b) receiving the second RF signal at the second frequency by the relay device (e.g. Fig. 5).; (c) converting the second RF signal at the second frequency by the relay device to the first RF signal at the first frequency (e.g. Fig. 5).; and (d) transmitting the first RF signal at the first frequency from the relay device to the first device (e.g. Fig. 5).
Regarding claim 34, meeting the limitations of claim 10 above, Wu further discloses (a) transmitting the first RF signal at the first frequency from the first device to the relay device (e.g. 105); (b) receiving the first RF signal at the first frequency by the relay device (e.g. Fig. 5); (c) converting the first RF signal at the first frequency by the relay device to the second RF signal at the second frequency (e.g. Fig. 5); and (d) transmitting the second RF signal at the second frequency to the second device (e.g. 104).
Regarding claim 35, meeting the limitations of claim 10 above, Siegel further discloses a method of detecting a pelvic floor movement with the system of claim 10 comprising (e.g. see rejection of claim 10 above):(a) inserting the intravaginal, intrarectal, or intraurethral a medical device comprising the second device into the body cavity of a subject, wherein the position or movement sensor of the intravaginal, intrarectal, or intraurethral device is located within the body cavity of the subject (e.g. ¶¶54-56); (b) obtaining generating a signal from the position or movement sensor upon engagement or contraction of a pelvic floor muscle of the subject (e.g. ¶¶59, 153-154); and(c) transmitting the signal from the position or movement sensor to a peripheral device comprising the first device via the RF transceiver of the relay device (e.g. ¶¶131, 147 and 149).
Regarding claim 36, meeting the limitations of claim 35 above, Wu further teaches wherein the first frequency is greater than about 2 GHz (e.g. ¶19).
Regarding claim 41, meeting the limitations of claim 35 above, Wu further teaches wherein the first frequency is about 2.45 GHz (e.g. ¶¶19, 146).
Regarding claim 121, meeting the limitations of claim 35 above, Wu further teaches wherein the peripheral device comprises the relay device (e.g. see Fig. 5; ¶¶38, 41).
Regarding claim 122, meeting the limitations of claim 35 above, Wu further teaches wherein the peripheral device is a smartphone, tablet, computer, or smart watch (e.g. ¶49).
Conclusion
THIS ACTION IS MADE FINAL. 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 REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached Monday-Thursday 7:00AM-5:30PM.
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, Jennifer McDonald can be reached on (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/REX R HOLMES/ Primary Examiner, Art Unit 3796
Prosecution Insights