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 .
Response to Arguments
Applicant’s argument appears to be a general allegation of patentability, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Claim Objections
Claim 10 is objected to because of the following informalities: “a battery”, in view of the specification Examiner believes this is a typographical error and applicants meant “the battery” referring to the batter in claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-2, 4-11, 18, 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 18 recite “a first braze ring disposed adjacent the first window; a second braze ring disposed adjacent the first window, the second braze ring being a pre- formed braze ring;” which causes confusion. The confusion comes when combining Examiners understand of brazing and reading the claim in view of the written description [0056] “Because FIG. 2 depicts a simplified exploded view of the IMD 100, the first ring 116 a is depicted as a discrete component, although the skilled artisan will readily recognize that the first ring 116 a is, in practice, formed in situ during a brazing process as is known in the art.” the first and second braze rings seem to only be part of an intermediary step in the production, while the remainder of the claim is reciting the final product/device with its discussion of being “hermetically sealed” in the preamble. The brazing process combines 116 a-b into one ring (i.e. 116; heats them together until they combine) which Applicants seemingly acknowledge in their discussion in the specification. When reading the claim in view of the specification applicants appear to be claiming the device at two points in time/manufacturing an intermediary step and a completed product simultaneously which causes confusion. For the above reasons the claim element does not clearly define the metes and bounds and the claims and the claims are indefinite. The claims depending from these claims share this issue and are likewise rejected.
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) 1-2, 4-11, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klehn (Russell Klehn et al., US 7174212 – cited in the IDS dated 5/2/24) hereinafter Kle in view of Fang (Michael Fang et al., US 7447533) hereinafter Fang in further view of Brown (David Brown et al., US 20090171420 – cited in the IDS dated 5/2/24) hereinafter Bro in further view of Degen (Thomas Degen et al., US 20160022971) hereinafter Degen in further view of Kesler (Morris Kesler et al., US 20170098149) hereinafter Kes. Examiner notes that Bro incorporates by reference Kle in [0002] and [0013].
Regarding Claim 1, an interpretation of Kle discloses an implantable medical device (abstract) comprising:
a hermetically sealed housing (Col 1:39-53 including “Present day IMDs are enclosed within hermetically sealed casings . . . An IMD's RF telemetry circuitry comprising, for example, a ferrite core, a wire coil and an RF antenna, is not biocompatible, and therefore must be placed inside the hermetically sealed casing.”, Col 3:17-Col 4:2) including at least a first window forming a portion of housing therethrough (Col 3:42-58, Col 4:3-37, Figs. 1-4 see also Col 1:39-53) and configured for wireless transfer of an external signal therethrough (Col 3:42-58, Col 4:3-37 see also Col 1:39-53);
wherein the first window is hermetically sealed to the housing using brazing (Col 4:3-37 including “Any joinder technique, for example, brazing or laser welding, may be employed.”);
an antenna disposed within the housing (Col 1:31-53, Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4; antenna part of telemetry circuitry/receiver is within the housing) at a position such that the antenna is configured to receive the external signal through the window (abstract including “a transceiver for bidirectional telemetric communication through the telemetry window”, Col 4:47-56 see also Col 1:31-53, Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4; Discloses windows positioned such that the external signal is transmitted through the window to the IMDs internal receiver/transceiver);
circuitry disposed within the housing and operatively coupled to the antenna (Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4 see also Col 1:21-29; External signal is transferred to internal circuitry via the telemetry circuitry (including antenna));
a battery within the housing (Col 3:18-40 including “a power supply in the form of a battery, an RF transceiver and an RF transceiver antenna 18”).
An interpretation of Kle may not explicitly disclose a first braze ring disposed adjacent the first window; a second braze ring disposed adjacent the first window, the second braze ring being a pre- formed braze ring.
However, in the same field of endeavor (implantable medical devices), Fang teaches a first braze ring disposed adjacent the first window (Col 12:39-54 including “The process to create this hermetic seal uses a pure gold braze. A thin ring of gold is placed around the sapphire window and within the circular cutout in the titanium. Then the titanium lid assembly is placed in an oven at about 2000° F. so that the gold melts and bonds with the titanium and sapphire. The outer perimeter of the sapphire windows are also pre-metallized with gold to aide the brazing process.”, Fig. 7 see also Col 8:46-67; Two braze rings the “metallized” ring on the edge and second the thine ring of gold); a second braze ring disposed adjacent the first window, the second braze ring being a pre- formed braze ring (Col 12:39-54, Fig. 7 see also Col 8:46-67).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window brazed to the housing through which signals external to the body can pass through the housing as recited by Kle to include more specifically the brazing between the window and the housing includes a first and second braze ring as recited by Fang because having the additional braze ring/metallized portion aides in the brazing process and helps create the hermetical seal (Col 12:39-54).
An interpretation of Kle may not explicitly disclose the external signal is a power signal; operatively coupled to the antenna, the battery being operatively coupled to the circuitry; a ferrite layer adjacent the antenna.
However, in the same field of endeavor (implantable medical devices), Bro teaches a window in the housing of an IMD configured for wireless transfer of power via an external power signal ([0034], [0042] including “A ceramic window 120 is disposed in an opening in the metal housing component 110 which allows for the magnetic flux associated with inductively coupled charging and/or radio frequency telemetry to efficiently pass through the hermetically sealed enclosure proximal face without inducing eddy currents.”, [0045] including “An extracorporeal device 210 may be used as described herein to transfer energy and/or information via telemetry to device 208 across the patient's skin.”, Figs. 3-5); the battery operatively coupled to the antenna, the battery being operatively coupled to the circuitry ([0004] including “Many implantable medical electronic devices utilize an internal source of electrical energy to power the device electronics for the purposes of, for example, diagnostics and/or therapy. Additionally, many implantable devices require such a significant amount of power that it is necessary to utilize transcutaneous energy transmission (TET) from an extracorporeal source to an implanted receiver which is connected to a rechargeable battery” see also [0035]-[0036], [0042]; Battery powers electronics and the battery is charged by antenna thus battery is coupled to both); a ferrite layer adjacent the antenna ([0034] including “The magnetic material of flux shield 40 . . . may be, for example without limitation, ferrite,”).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD for recharging an power elements as recited by Bro because passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]). Additionally, wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way.
An interpretation of Kle may not explicitly disclose the battery being disposed between the antenna and the circuitry.
However, in the same field of endeavor (implantable medical devices), Degen teaches the battery being disposed between the antenna and the circuitry ([0071]-[0072] including “Coil 98 (corresponding to coil 84 of FIG. 4) is disposed on flap 99 of the substrate and is coupled to the electronic components on flap 100 by flexible cable portion 101. Support member 97 is fastened to upper housing 93 and provides a cavity that holds battery 102 (corresponding to battery 74 of FIG. 4).”, Figs. 4-5B; As shown between the written description and the figures the antenna is on flap 99 while the rest of the electronics are on flap 100 with the battery between the flaps in the cavity provided by substrate 97. Additionally, Examiner notes MPEP 2144.04(VI)(C)).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include having a battery between the antenna and the rest of the circuitry as recited by Degen because it is merely combining prior art elements (having a battery in the implantable as recited by Kle with the particular positioning of the battery between the circuitry and the antenna as recited by Degen) according to known methods to yield predictable results.
An interpretation of Kle may not explicitly disclose a copper layer disposed adjacent the antenna and a ferrite layer being disposed between the copper layer and the antenna.
However, in the same field of endeavor (wireless power transmission), Kes teaches a copper layer disposed adjacent the antenna and a ferrite layer being disposed between the copper layer and the antenna ([0210] including “resonator coil 3002 on a substrate 3004, a layer of magnetic material 3006 (for example, ferrite), and layer of conductor 3008. The layer of conductor can be a sheet of copper”, Figs. 30-31B see also [0211]-[0212]; antenna (coil) with a magnetic material layer (ferrite layer) between the antenna and conductor sheet (copper layer). Examiner also notes Fig. 30-31B have a better print in the Patent US 10248899 for which Kes is the PG Pub).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna (which is adjacent to a ferrite layer), circuitry and which has a window through which power signals from external to the body can pass through the housing as recited by Kle in view of Bro to include a copper layer for shielding as recited by Kes because it is merely combining prior art elements (the copper layer shielding from Kes with the layers disclosed by Kle in view of Bro) according to known methods to yield predictable results of shielding to prevent eddy currents.
Regarding Claim 2, an interpretation of Kle further discloses wherein the housing comprises first and second side walls (Col 3:42-Col 4:24, Figs. 1-4; There are walls on either “side” of the circuitry) and a peripheral wall extending therebetween (Col 3:42-Col 4:24, Figs. 1-4; there is a wall on the “peripheral” connecting the walls on either “side” forming a housing which encloses the electrical components hermetically sealing them), and wherein the first window forms a portion of the first side wall (Col 3:42-58, Col 4:3-37, Figs. 1-4 see also Col 1:39-53; The window closest to the antenna can be interpreted as the “first” window the wall on the side the “first” window is the first side wall).
Regarding Claim 4, an interpretation of Kle further discloses wherein the housing further includes a second window (Col 3:42-58, Col 4:3-37, Figs. 2, 4 see also Col 1:39-53; Kle recites windows on opposite sidewalls of the IMD), wherein the first and second windows are disposed on opposite sides of the housing (Col 3:42-58, Col 4:3-37, Figs. 2, 4 see also Col 1:39-53), and wherein the antenna is disposed within the housing at a position such that the antenna is configured to receive an external signal through the first window (abstract including “a transceiver for bidirectional telemetric communication through the telemetry window”, Col 4:47-56 see also Col 1:31-53, Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4; Discloses a window positioned such that the external signal is transmitted through the window to the IMDs internal receiver/transceiver (including antenna), the window closest to the antenna is configured to be interpreted as the “first” window).
An interpretation of Kle may not explicitly disclose the external signal is a power signal.
However, in the same field of endeavor (implantable medical devices), Bro teaches a window in the housing of an IMD configured for wireless transfer of power via an external power signal ([0034], [0042] including “A ceramic window 120 is disposed in an opening in the metal housing component 110 which allows for the magnetic flux associated with inductively coupled charging and/or radio frequency telemetry to efficiently pass through the hermetically sealed enclosure proximal face without inducing eddy currents.”, [0045] including “An extracorporeal device 210 may be used as described herein to transfer energy and/or information via telemetry to device 208 across the patient's skin.”, Figs. 3-5).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD as recited by Bro because wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way. Furthermore, passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]).
Regarding Claim 5, an interpretation of Kle further discloses wherein the housing includes first and second side walls (Col 3:42-Col 4:24, Figs. 1-4; There are walls on either “side” of the circuitry) and a peripheral wall extending therebetween (Col 3:42-Col 4:24, Figs. 1-4; there is a wall on the “peripheral” connecting the walls on either “side” forming a housing which encloses the electrical components hermetically sealing them), and wherein the first window forms a portion of the first side wall (Col 3:42-58, Col 4:3-37, Figs. 2, 4 see also Col 1:39-53; The sidewall in which the first window comprises a portion of is being interpreted as the “first” sidewall), and the second window forms a portion of the second side wall (Col 3:42-58, Col 4:3-37, Figs. 2, 4 see also Col 1:39-53), and further wherein the antenna is disposed within housing at a position such that the antenna is configured to receive an external signal through the first window (abstract including “a transceiver for bidirectional telemetric communication through the telemetry window”, Col 4:47-56 see also Col 1:31-53, Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4; Discloses “first” window positioned such that the external signal is transmitted through the window to the IMDs internal receiver/transceiver).
An interpretation of Kle may not explicitly disclose the external signal is a power signal.
However, in the same field of endeavor (implantable medical devices), Bro teaches a window in the housing of an IMD configured for wireless transfer of power via an external power signal ([0034], [0042] including “A ceramic window 120 is disposed in an opening in the metal housing component 110 which allows for the magnetic flux associated with inductively coupled charging and/or radio frequency telemetry to efficiently pass through the hermetically sealed enclosure proximal face without inducing eddy currents.”, [0045] including “An extracorporeal device 210 may be used as described herein to transfer energy and/or information via telemetry to device 208 across the patient's skin.”, Figs. 3-5).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD as recited by Bro because wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way. Furthermore, passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]).
Regarding Claim 6, an interpretation of Kle further discloses wherein the first window has one of a circular (Col 4:25-46 including “Although the windows shown in FIGS. 1–4 have a generally oval periphery, it will be evident that other shapes, including circular, square, rectangular, and so forth, may be utilized”, Figs. 1, 3, 5-8).
Regarding Claim 7, an interpretation of Kle in view of Bro in view of Degen in view of Kes discloses the above in claim 1 including a first window (see rejection of claim 1).
An interpretation of Kle may not explicitly disclose wherein the window is formed of a non- metallic material.
However, in the same field of endeavor (implantable medical devices), Bro teaches wherein the window is formed of a non- metallic material ([0042]-[0043] including “A ceramic window”).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through a ceramic window into an IMD as recited by Bro because passing power through a ceramic window as Bro teaches improves efficiency of the signal passing through and without inducing eddy currents ([0004]-[0005], [0013], [0042]).
Regarding Claim 8, an interpretation of Kle in view of Bro in view of Degen in view of Kes discloses the above in claim 7; in the rejection of claim 1 a first window was disclosed (see rejection of claim 1).
An interpretation of Kle may not explicitly disclose wherein the window is formed from a ceramic.
However, in the same field of endeavor (implantable medical devices), Bro teaches wherein the window is formed from a ceramic ([0042]-[0043] including “A ceramic window”).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through a ceramic window into an IMD as recited by Bro because passing power through a ceramic window as Bro teaches improves efficiency of the signal passing through and without inducing eddy currents ([0004]-[0005], [0013], [0042]).
Regarding Claim 9, an interpretation of Kle in view of Bro in view of Degen in view of Kes discloses the above in claim 1 including an antenna (see rejection of claim 1).
An interpretation of Kle may not explicitly disclose wherein the antenna is configured as a planar antenna.
However, in the same field of endeavor (implantable medical devices), Bro teaches wherein the antenna is configured as a planar antenna ([0034]-[0035] including planar coil).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include a planar antenna as recited by Bro because a planar antenna is the use of known technique (planar antenna for power reception) to improve similar devices (IMD) in the same way.
Regarding Claim 10, an interpretation of Kle further discloses a battery (Col 3:17-40 including “The pacemaker 10 comprises a hermetically sealed casing 12 enclosing . . . including a power supply in the form of a battery”).
An interpretation of Kle may not explicitly disclose the battery operatively coupled to the antenna and further operatively coupled to the circuitry for providing power thereto.
However, in the same field of endeavor (implantable medical devices), Bro the battery ([0004], [0035]-[0036] including “to charge implantable rechargeable battery 70”, [0042]) operatively coupled to the antenna ([0004], [0035]-[0036], [0042] see also [0004]; power is received by the antenna and used to charge the battery) and further operatively coupled to the circuitry for providing power thereto ([0004] including “Many implantable medical electronic devices utilize an internal source of electrical energy to power the device electronics for the purposes of, for example, diagnostics and/or therapy. . . The voltage induced across the receiving coil may then be rectified and used to power the implanted device and/or charge a battery or other charge storage device.”).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD which provides power to the IMD and wherein the antenna is connected to battery as recited by Bro because wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way. Furthermore, passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]).
Regarding Claim 11, an interpretation of Kle in view of Bro in view of Degen in view of Kes discloses the above in claim 1.
An interpretation of Kle may not explicitly disclose wherein the antenna receives the external power signal through the window to directly power the circuity of the implantable medical device.
However, in the same field of endeavor (implantable medical devices), Bro wherein the antenna receives the external power signal through the window ([0034], [0042]-[0043]) to directly power the circuity of the implantable medical device ([0004] including “Many implantable medical electronic devices utilize an internal source of electrical energy to power the device electronics for the purposes of, for example, diagnostics and/or therapy. . . The voltage induced across the receiving coil may then be rectified and used to power the implanted device and/or charge a battery or other charge storage device.”; to the extent this element is an intended use the prior art device disclosed by the references is structurally capable of performing the intended use).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD as recited by Bro because wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way. Furthermore, passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]).
Regarding Claim 18, an interpretation Kle discloses a method of making an implantable medical device (abstract), the method comprising:
forming a housing (Col 1:39-53 including “Present day IMDs are enclosed within hermetically sealed casings . . . An IMD's RF telemetry circuitry comprising, for example, a ferrite core, a wire coil and an RF antenna, is not biocompatible, and therefore must be placed inside the hermetically sealed casing.”, Col 3:17-Col 4:2) having a first side wall, a second side wall (Col 3:42-Col 4:24, Figs. 1-4; There are walls on either “side” of the circuitry) and a peripheral wall therebetween (Col 3:42-Col 4:24, Figs. 1-4; there is a wall on the “peripheral” connecting the walls on either “side” forming a housing which encloses the electrical components hermetically sealing them), wherein the first side wall includes a window configured (Col 3:42-58, Col 4:3-37, Figs. 1-4 see also Col 1:39-53; The window closest to the antenna can be interpreted as the “first” window the wall on the side the “first” window is the first side wall) for wireless transfer of an external signal therethrough (Col 3:42-58, Col 4:3-37 see also Col 1:39-53);
wherein the first window is hermetically sealed to the housing using brazing (Col 4:3-37 including “Any joinder technique, for example, brazing or laser welding, may be employed.”);
positioning an antenna within the housing (Col 1:31-53, Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4; antenna part of telemetry circuitry/receiver is within the housing) such that the antenna is configured to receive the external signal through the window (abstract including “a transceiver for bidirectional telemetric communication through the telemetry window”, Col 4:47-56 see also Col 1:31-53, Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4; Discloses windows positioned such that the external signal is transmitted through the window to the IMDs internal receiver/transceiver); and
positioning circuitry within the housing (Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4 see also Col 1:21-29; External signal is transferred to internal circuitry via the telemetry circuitry (including antenna)), the circuitry operatively coupled to the antenna (Col 3:17-40, Col 3:59-Col 4:2, Figs. 2 and 4 see also Col 1:21-29; External signal is transferred to internal circuitry via the telemetry circuitry (including antenna)).
and a battery within the housing (Col 3:18-40 including “a power supply in the form of a battery, an RF transceiver and an RF transceiver antenna 18”).
An interpretation of Kle may not explicitly disclose a first braze ring disposed adjacent the first window; a second braze ring disposed adjacent the first window, the second braze ring being a pre- formed braze ring.
However, in the same field of endeavor (implantable medical devices), Fang teaches a first braze ring disposed adjacent the first window (Col 12:39-54 including “The process to create this hermetic seal uses a pure gold braze. A thin ring of gold is placed around the sapphire window and within the circular cutout in the titanium. Then the titanium lid assembly is placed in an oven at about 2000° F. so that the gold melts and bonds with the titanium and sapphire. The outer perimeter of the sapphire windows are also pre-metallized with gold to aide the brazing process.”, Fig. 7 see also Col 8:46-67; Two braze rings the “metallized” ring on the edge and second the thine ring of gold); a second braze ring disposed adjacent the first window, the second braze ring being a pre- formed braze ring (Col 12:39-54, Fig. 7 see also Col 8:46-67).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window brazed to the housing through which signals external to the body can pass through the housing as recited by Kle to include more specifically the brazing between the window and the housing includes a first and second braze ring as recited by Fang because having the additional braze ring/metallized portion aides in the brazing process and helps create the hermetical seal (Col 12:39-54).
An interpretation of Kle may not explicitly disclose the external signal is a power signal; the battery operatively coupled to the antenna, the battery being operatively coupled to the circuitry.
However, in the same field of endeavor (implantable medical devices), Bro teaches a window in the housing of an IMD configured for wireless transfer of power via an external power signal ([0034], [0042] including “A ceramic window 120 is disposed in an opening in the metal housing component 110 which allows for the magnetic flux associated with inductively coupled charging and/or radio frequency telemetry to efficiently pass through the hermetically sealed enclosure proximal face without inducing eddy currents.”, [0045] including “An extracorporeal device 210 may be used as described herein to transfer energy and/or information via telemetry to device 208 across the patient's skin.”, Figs. 3-5); the battery operatively coupled to the antenna, the battery being operatively coupled to the circuitry ([0004] including “Many implantable medical electronic devices utilize an internal source of electrical energy to power the device electronics for the purposes of, for example, diagnostics and/or therapy. Additionally, many implantable devices require such a significant amount of power that it is necessary to utilize transcutaneous energy transmission (TET) from an extracorporeal source to an implanted receiver which is connected to a rechargeable battery” see also [0035]-[0036], [0042]; Battery powers electronics and the battery is charged by antenna thus battery is coupled to both).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD for recharging an power elements as recited by Bro because passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]). Additionally, wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way.
An interpretation of Kle may not explicitly disclose the battery being disposed between the antenna and the circuitry.
However, in the same field of endeavor (implantable medical devices), Degen teaches the battery being disposed between the antenna and the circuitry ([0071]-[0072] including “Coil 98 (corresponding to coil 84 of FIG. 4) is disposed on flap 99 of the substrate and is coupled to the electronic components on flap 100 by flexible cable portion 101. Support member 97 is fastened to upper housing 93 and provides a cavity that holds battery 102 (corresponding to battery 74 of FIG. 4).”, Figs. 4-5B; As shown between the written description and the figures the antenna is on flap 99 while the rest of the electronics are on flap 100 with the battery between the flaps in the cavity provided by substrate 97. Additionally, Examiner notes MPEP 2144.04(VI)(C)).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include having a battery between the antenna and the rest of the circuitry as recited by Degen because it is merely combining prior art elements (having a battery in the implantable as recited by Kle with the particular positioning of the battery between the circuitry and the antenna as recited by Degen) according to known methods to yield predictable results.
An interpretation of Kle may not explicitly disclose the antenna being positioned such that a copper layer disposed adjacent the antenna and a ferrite layer is disposed between the antenna and the copper layer.
However, in the same field of endeavor (wireless power transmission), Kes teaches the antenna being positioned such that a copper layer disposed adjacent the antenna and a ferrite layer is disposed between the antenna and the copper layer ([0210] including “resonator coil 3002 on a substrate 3004, a layer of magnetic material 3006 (for example, ferrite), and layer of conductor 3008. The layer of conductor can be a sheet of copper”, Figs. 30-31B see also [0211]-[0212]; antenna (coil) with a magnetic material layer (ferrite layer) between the antenna and conductor sheet (copper layer). Examiner also notes Fig. 30-31B have a better print in the Patent US 10248899 for which Kes is the PG Pub).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna (which is adjacent to a ferrite layer), circuitry and which has a window through which power signals from external to the body can pass through the housing as recited by Kle in view of Bro to include a copper layer for shielding as recited by Kes because it is merely combining prior art elements (the copper layer shielding from Kes with the layers disclosed by Kle in view of Bro) according to known methods to yield predictable results of shielding to prevent eddy currents.
Regarding Claim 20, an interpretation of Kle in view of Bro in view of Degen in view of Kes discloses the above in claim 18.
An interpretation of Kle may not explicitly disclose wherein the antenna receives the external power signal through the window to directly power the circuity of the implantable medical device.
However, in the same field of endeavor (implantable medical devices), Bro wherein the antenna receives the external power signal through the window ([0034], [0042]-[0043]) to directly power the circuity of the implantable medical device ([0004] including “Many implantable medical electronic devices utilize an internal source of electrical energy to power the device electronics for the purposes of, for example, diagnostics and/or therapy. . . The voltage induced across the receiving coil may then be rectified and used to power the implanted device and/or charge a battery or other charge storage device.”).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified implantable device with a housing containing an antenna, circuitry and which has a window through which signals external to the body can pass through the housing as recited by Kle to include wireless power passing through window into an IMD as recited by Bro because wirelessly powering for the use of the IMD device is the use of known technique (wireless powering of implantable devices [0004]) to improve similar devices (implantable device of Kle) in the same way. Furthermore, passing it through a window as recited Bro improves efficiency of the signal passing through housing/window and without inducing eddy currents ([0005], [0013], [0042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190314627 see [0174] including “It should also be noted that the thin film metallization 66 includes a single ring 67 completely around the interior or top surface of the substrate 60. When brazing, it is common for braze material to flow further than desired, which is called braze run out. A single ring around the circumference of the substrate 60, sputtered and patterned as part of the thin film metallization, provides a dam to prevent braze run out from contacting and shorting the traces used for electrical redirection.”
US 20140345934 see Fig. 1A-B – brazing around the edges to combine the elements
US 20110063088 see [0050]-[0051], Figs. 11-12
US 5782891 see Fig. 2
US 20130197332 see [0111], [0114]
US 20140277266 see fig. 2
US 20210212586 see [0085] including “receive coil 70 may be retained in the flat-wound configuration as shown in FIG. 7A and used as a receive coil in an implantable medical device . . . receive coil 70 may be formed into a curved shape, as illustrated in FIG. 7B. When formed into a curved shape, receive coil 70 may or may not be affixed to a ferrite sheet.”, [0087], Figs. 1, 3, 5, 7A-7C
US 20170025888 – which is cited in the IDS dated 5/2/24 - abstract including “The receiving coil extends adjacent to and is aligned with the window. The rechargeable cell is enclosed by the housing and is configured to be charged by current induced in the receiving coil when the receiving coil is exposed to the focal pattern”, [0017] including “at least a portion of housing 14 is formed of an electromagnetically transparent material for promoting efficient power transmission to a receiving coil 18 enclosed within housing 14. . . housing 14 includes an electromagnetically transparent window 16 extending over an internal, receiving coil 18 enclosed by housing 14.”, [0221]-[0022], Fig. 1
US 20090192555 – discloses brazing rings [0036] for IPGs [0003]
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R MOSS whose telephone number is (571)272-3506. The examiner can normally be reached Monday - Friday (9:30 am - 5:30 pm).
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, Unsu Jung can be reached at (571)272-8506. 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.
/James Moss/Examiner, Art Unit 3792
Prosecution Insights