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 Amendment
This office action is responsive to the amendment filed on 11/7/2025. As directed by the amendment: claim(s) 1, 3-4, 6-9, 11, 13-14, and 16-19 have been amended. Thus, claims 1-20 are presently pending in this application.
Response to Arguments
Applicant's arguments filed 11/7/2025 have been fully considered but they are not fully persuasive.
Regarding applicant’s argument regarding the preceding 112a rejection on page 6:
Applicant's present amendment resolves the preceding office actions stated 112a rejection of the independent claims.
Regarding applicant’s argument regarding the preceding 112b rejection on page 6:
Applicant's present amendment resolves the preceding office actions stated 112b rejections.
Regarding applicant’s argument regarding the independent claims on page 7-9:
Applicant argues that the prior art relied upon in the preceding office action does not teach the following limitations of the presently amended claims:
"wherein the ultrasonic waves travel along tubing that acts as a channel for fluid to flow from the dialysis machine to the device."
Examiner notes that the above claim language is not so limiting as to exclude ultrasonic waves which are dispersed generally into a surrounding environment, passing through multiple transmission mediums, including tubing conveying fluid media, until reaching a device to convert the ultrasonic waves into electrical energy.
Accordingly, the manner of dispersing ultrasonic waves from the preceding office action's interpretation of the prior art still reads on the presently amended claims.
Only for the sake of applicant's remarks, and without disagreeing with the present interpretation of the prior art of record made in examiner's rejection as necessitated by the amendment below, an additional 103 rejection is provided which details the reason(s) for which a person of ordinary skill in the art would be motivated to direct the transmission of ultrasonic waves of the invention by a fluidic connection only.
Examiner notes for applicant that more limiting claim language, supported by paragraph 58+60 of applicant's disclosure, may pertain to the manner by which the ultrasonic head 152 generates ultrasonic waves 306 to be transmitted by the fluid within tubing 154, and thus the fluid conveys the kinetic energy of the ultrasonic wave toward the dialysis machine 200.
Applicant argues that the prior art relied upon in the preceding office action does not teach the following limitations of the presently amended claims:
"circuitry for converting kinetic energy of ultrasonic waves transmitted to the device through the fluid connection into electrical energy"
However, examiner was clear in the preceding office action that the generator system 616 of Halliburton converts kinetic energy into electrical power, such that in the modified invention, where ultrasonic waves have been transmitted such that they travel through multiple media, including the vasculature and the tubing connected thereto, such circuitry can be considered to convert kinetic energy of ultrasonic waves which had been transmitted through the fluidic connection.
Only for the sake of applicant's remarks, and without disagreeing with the present interpretation of the prior art of record made in examiner's rejection as necessitated by the amendment below, an additional 103 rejection is provided which details the reason(s) for which a person of ordinary skill in the art would be motivated to direct the transmission of ultrasonic waves of the invention by a fluidic connection only.
Regarding applicant’s argument regarding dependent claims on page 9:
Applicant argues that their preceding arguments render the independent claims allowable, and consequently likewise the dependent claims are allowable.
See examiner's rejection as necessitated by the amendment, below, detailing the prior art which discloses/teaches the limitations of the dependent claims.
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.
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.
Claims 1-8, 10-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20170141601 A1, henceforth written as Halliburton, in view of US 20210187301 A1, henceforth written as Paek, and optionally in view of CN 103560592 B, henceforth written as Chen.
Regarding Claim 1,
Halliburton discloses:
A device comprising:
(paragraph 42; implanted medical device 600; fig 6; fig 1-2 illustrate the invention as a whole where device 600 is represented by device 112/212 in those figures)
a fluid connection to a dialysis machine;
(paragraph 41; power consumption device 628 comprises an inline blood temperature sensor, and dialysis machine 100 is fluidically connected to the vasculature of a patient, therein the device 600 has a fluidic connection with dialysis machine 100; fig 1-2+6)
and circuitry for converting kinetic energy -- transmitted to the device -- into electrical energy--
(paragraph 37-42; medical device 600 such that its controller 602 may convert kinetic energy from its receiver system 606 into electrical energy by its generator system 616; fig 1+6)
-- including tubing that acts as a channel for fluid to flow from the dialysis machine to the device.
(tubing illustrated in fig 2 leading from dialysis machine 100 to patient)
Halliburton discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
converting kinetic energy of ultrasonic waves transmitted to the device through the fluid connection
wherein the ultrasonic waves travel along tubing that acts as a channel for fluid to flow from the dialysis machine to the device.
Halliburton details in paragraph 35+37 that the kinetic energy is generated from a “distinct power source” however, Halliburton remains silent regarding the manner or structure by which the kinetic energy is produced nor the media which the kinetic energy is distributed by.
However, Paek teaches an implantable medical device powering system:
converting kinetic energy of ultrasonic waves transmitted to the device through the fluid connection [with another device]
(paragraph 62-67+101-103+107; ultrasonic signal, therein kinetic energy, is transmitted from power transmitter 20 through a blood medium to the power receiving unit 11 in the implanted device 10; fig 1-2)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Paek’s teachings of distributing ultrasonic kinetic energy from a device external to a patient through the patient, and thus also their bloodstream, to power an implanted medical device to Halliburton’s disclosure of an implanted medical device receiving kinetic energy to power itself, by disposing Paek’s power transmitter 20 in Halliburton’s dialysis machine 100 to fluidically communicate with Halliburton’s patient’s bloodstream and distribute ultrasonic kinetic energy to Halliburton’s device 600 which incorporates Paek’s power receiving unit 11 with Halliburton’s MEMs receiver 614 to receive the ultrasonic kinetic energy and convert it into electric power, in order to advantageously arrive at an invention with multiple means to safely remotely power and recharge an implanted medical device, see paragraph 35+37 of Halliburton and paragraph 24-26+62-67 of Paek, such that the invention may be regularly charged during a patient’s frequent/routine dialysis treatments, therein inhibiting power failure of the implant between dialysis treatments requiring invasive surgery, and further an invention with improved reliability through its multiple redundant means of being powered.
Examiner notes that if applicant disagrees with the interpretation that ultrasonic waves dispersed from dialysis machine 100 and passing through multiple transmission media, where the transmission media includes tubing conveying fluid into the vasculature of a patient, toward the implanted device reads on the present claim language of:
“circuitry for converting kinetic energy of ultrasonic waves transmitted to the device through the fluid connection into electrical energy, wherein the ultrasonic waves travel along tubing that acts as a channel for fluid to flow from the dialysis machine to the device.”
Then Examiner notes that Chen teaches a system which conveys ultrasonic waves via a liquid medium:
(paragraph 21-33; transmitting section 1 utilizes its transmitting transducer 4 to transmit ultrasonic waves through a liquid contained in transmission part 2 to be received by receiving transducer 5 of receiving part 3, as utilizing a liquid medium to transmit ultrasonic waves to a receiver has a greater receiving energy, transmission distance and improved practicability as compared to transmitting through air, such as when dispersing ultrasonic waves ambiently; fig 1)
Therefore, it would be similarly obvious to implement Chen’s teachings of disposing its ultrasonic transducers in direct liquid connection with eachother such the transmitter acts on the liquid medium to propagate an ultrasonic wave via the liquid medium toward the receiver, by adapting the modified invention of Halliburton in view of Paek such that the combined structure of Halliburton’s MEMs receiver 616 and Paek’s power receiving unit 11 is directly fluidically connected to Paek’s transmitter 20 disposed in Halliburton’s dialysis machine 100 through a liquid medium, such as the blood/dialysate mixture spanning the dialysis machine tubing and patient’s vasculature, and propagating the kinetic energy of the ultrasonic wave produced by Paek’s transmitter via such a blood/dialysate liquid mixture toward the combined structure of Halliburton’s MEMs receiver 616 and Paek’s power receiving unit 11 to convert that ultrasonic wave into electrical energy, so as to resemble Chen’s invention, and advantageously arrive at invention which propagates ultrasonic waves through a liquid medium and thus has improved received energy levels and greater transmission distance, see paragraph 33 of Chen.
Regarding claim 2, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The device of claim 1, further comprising: a power storage element to store the electrical energy.
Halliburton: (energy storage system 626; fig 6)
Regarding claim 3, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The device of claim 1, further comprising: one or more sensors;
Halliburton: (sensor 601; fig 6)
and a communications module;
Halliburton: (paragraph 37+42; remote communication components (not enumerated/illustrated) of medical device 600; fig 6)
wherein the one or more sensors and the communications modules are powered by the electrical energy.
Halliburton: (paragraph 40-41; medical device 600 , therein likewise its sensors and communication module, uses the energy stored in storage system 626 to power its modules; fig 6)
Regarding claim 4, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The device of claim 3, wherein the communication module broadcasts readings from the one or more sensors to the dialysis machine or to a cloud-based server.
Halliburton: (paragraph 42; medical device 600, via its remote communication components (not enumerated/illustrated), can communicate performance information, such as sensed parameters and therein readings from sensor 601, to the remote powering device, dialysis machine 100; fig 6)
Regarding claim 5, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The device of claim 1 wherein the circuitry comprises: a piezoelectric transducer;
Halliburton: (paragraph 40; the MEMS generator 624 is piezoelectric generator, therein piezoelectric transducer; fig 6)
a rectifier;
Halliburton: (paragraph 40; system 606 converts electrical energy into direct current electrical energy, therein constitutes a rectifier; fig 6)
and one or more capacitors to store the electrical energy.
Halliburton: (paragraph 40; energy storage device 626 is formed from a capacitor to store the converted energy; fig 6)
Regarding claim 6, the modified invention of Halliburton in view of Paek and optionally in view of Chen teaches:
The device of claim 1, wherein the dialysis machine generates the ultrasonic waves and transmits them to the device through the fluid connection.
Examiner notes the modification made in claim 1 where the dialysis machine 100 of Halliburton incorporates the power transmitter 20 of Paek such that the claimed dialysis machine generates the ultrasonic kinetic energy to be transmitted multiple media including the dialysis tubing and patient vasculature to the implanted medical device 600 of Halliburton.
Examiner notes the modification made in claim 1 inclusive of the teachings of Chen provide that the ultrasonic transmitter/receiver of Halliburton in view of Paek are dispose so as directly communicate with a blood/dialysate liquid medium which carries the ultrasonic wave from the transmitting structure to the receiving structure.
Regarding claim 7, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The device of claim 6, wherein the device is connected to the dialysis machine via tubing carrying the fluid connection.
Halliburton: (fig 2 best illustrates the tubing (not enumerated) which carries dialysate from machine 100 into a patient, therein carries the fluid connection toward the implanted, blood-communicating, medical device 600)
Regarding Claim 8,
Halliburton in view of Paek and optionally Chen discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The device of claim 7, -- wherein the fluid connection comprises a dialysate.
(paragraph 27; dialysate (not enumerated/illustrated) is pumped from dialysis machine 100; fig 1-2)
However, Halliburton in view of Paek and optionally Chen is silent regarding:
wherein the dialysis machine is a peritoneal dialysis machine
However, Halliburton teaches an alternative embodiment:
wherein the dialysis machine is a peritoneal dialysis machine
(paragraph 25+44; the dialysis system used may be a hemodialysis machine as illustrated, or a peritoneal dialysis machine)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to substitute the hemodialysis machine disclosed Halliburton for the peritoneal dialysis machine taught as an alternative embodiment of Halliburton in order to advantageously arrive at an invention which can recharge an implanted medical device during peritoneal dialysis treatment as they are art recognized equivalents known for the same purpose of treating a patient and distributing energy to an implanted medical device, see paragraph 44 of Halliburton and MPEP 2144.06(II).
Regarding claim 10, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The device of claim 9, wherein the device is implanted in the body of the patient.
Halliburton: (paragraph 37; device 600 is implanted)
Regarding Claim 11,
Halliburton discloses:
A method for powering a device comprising:
(paragraph 42; implanted medical device 600; fig 6; fig 1-2 illustrate the invention as a whole where device 600 is represented by device 112/212 in those figures)
a fluid connection to a dialysis machine;
(paragraph 41; power consumption device 628 comprises an inline blood temperature sensor, and dialysis machine 100 is fluidically connected to the vasculature of a patient, therein the device 600 has a fluidic connection with dialysis machine 100; fig 1-2+6)
[including] tubing that acts as a channel for fluid to flow from the dialysis machine to the device
(blood/dialysate mixture tubing illustrated in fig 2 leading from dialysis machine 100 to patient and thus device 600 which communicates with the blood of the patient)
and converting kinetic energy [transmitted to the device] into electrical energy.
(paragraph 37-42; medical device 600 such that its controller 602 may convert kinetic energy from its receiver system 606 into electrical energy by its generator system 616; fig 1+6)
Halliburton discloses the elements of the present claim, as described above. Yet, its present embodiment is silent on:
receiving ultrasonic waves via a fluid connection to a dialysis machine; , wherein the ultrasonic waves travel along tubing that acts as a channel for fluid to flow from the dialysis machine to the device and converting kinetic energy of the ultrasonic waves into electrical energy.
Halliburton details in paragraph 35+37 that the kinetic energy is generated from a “distinct power source” however, Halliburton remains silent regarding the manner or structure by which the kinetic energy is produced nor the media which the kinetic energy is distributed by.
However, Paek teaches an implantable medical device powering system:
receiving ultrasonic waves [at the implanted device] via a fluid connection to a dialysis machine; and converting kinetic energy of the ultrasonic waves into electrical energy
(paragraph 62-67+101-103+107; ultrasonic signal, therein kinetic energy, is transmitted from power transmitter 20 through a blood medium to the power receiving unit 11 in the implanted device 10; fig 1-2)
Examiner notes that if applicant disagrees with the interpretation that ultrasonic waves dispersed from dialysis machine 100 and passing through multiple transmission media, where the transmission media includes tubing conveying fluid into the vasculature of a patient, toward the implanted device reads on the present claim language of:
“circuitry for converting kinetic energy of ultrasonic waves transmitted to the device through the fluid connection into electrical energy, wherein the ultrasonic waves travel along tubing that acts as a channel for fluid to flow from the dialysis machine to the device.”
Then Examiner notes that Chen teaches a system which conveys ultrasonic waves via a liquid medium:
(paragraph 21-33; transmitting section 1 utilizes its transmitting transducer 4 to transmit ultrasonic waves through a liquid contained in transmission part 2 to be received by receiving transducer 5 of receiving part 3, as utilizing a liquid medium to transmit ultrasonic waves to a receiver has a greater receiving energy, transmission distance and improved practicability as compared to transmitting through air, such as when dispersing ultrasonic waves ambiently; fig 1)
Therefore, it would be similarly obvious to implement Chen’s teachings of disposing its ultrasonic transducers in direct liquid connection with eachother such the transmitter acts on the liquid medium to propagate an ultrasonic wave via the liquid medium toward the receiver, by adapting the modified invention of Halliburton in view of Paek such that the combined structure of Halliburton’s MEMs receiver 616 and Paek’s power receiving unit 11 is directly fluidically connected to Paek’s transmitter 20 disposed in Halliburton’s dialysis machine 100 through a liquid medium, such as the blood/dialysate mixture spanning the dialysis machine tubing and patient’s vasculature, and propagating the kinetic energy of the ultrasonic wave produced by Paek’s transmitter via such a blood/dialysate liquid mixture toward the combined structure of Halliburton’s MEMs receiver 616 and Paek’s power receiving unit 11 to convert that ultrasonic wave into electrical energy, so as to resemble Chen’s invention, and advantageously arrive at invention which propagates ultrasonic waves through a liquid medium and thus has improved received energy levels and greater transmission distance, see paragraph 33 of Chen.
Regarding claim 12, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 11, further comprising: storing the electrical energy in a power storage element.
Halliburton: (energy storage system 626; fig 6)
Regarding claim 13, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 12, wherein the device comprises: further compromising: one or more sensors; and
Halliburton: (sensor 601; fig 6)
a communications module;
Halliburton: (paragraph 37+42; remote communication components (not enumerated/illustrated) of medical device 600; fig 6)
the method further comprising powering the one or more sensors and the communications modules using the stored electrical energy.
Halliburton: (paragraph 40-41; medical device 600 , therein likewise its sensors and communication module, uses the energy stored in storage system 626 to power its modules; fig 6)
Regarding claim 14, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 13, wherein the communication module broadcasts readings from the one or more sensors to the dialysis machine or to a cloud-based server.
Halliburton: (paragraph 42; medical device 600, via its remote communication components (not enumerated/illustrated), communicate performance information, such as sensed parameters and therein readings from sensor 601, to the remote powering device, dialysis machine 100; fig 6)
Regarding claim 15, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 11, wherein step of converting the kinetic energy of the ultrasonic waves into electrical energy is performed by circuitry comprising: a piezoelectric transducer;
Halliburton: (paragraph 40; the MEMS generator 624 is piezoelectric generator, therein piezoelectric transducer; fig 6)
a rectifier;
Halliburton: (paragraph 40; system 606 converts electrical energy into direct current electrical energy, therein constitutes a rectifier; fig 6)
and one or more capacitors to store the electrical energy.
Halliburton: (paragraph 40; energy storage device 626 is formed from a capacitor to store the converted energy; fig 6)
Regarding claim 16, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 11, wherein the dialysis machine generates the ultrasonic waves and transmits them to the device through the fluid connection.
Examiner notes the modification made in claim 1 where the dialysis machine 100 of Halliburton incorporates the power transmitter 20 of Paek such that the claimed dialysis machine generates the ultrasonic kinetic energy to be transmitted multiple media including the dialysis tubing and patient vasculature to the implanted medical device 600 of Halliburton.
Examiner notes the modification made in claim 1 inclusive of the teachings of Chen provide that the ultrasonic transmitter/receiver of Halliburton in view of Paek are dispose so as directly communicate with a blood/dialysate liquid medium which carries the ultrasonic wave from the transmitting structure to the receiving structure.
Regarding claim 17, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 16, wherein the device is connected to the dialysis machine via tubing carrying the fluid connection.
Halliburton: (fig 2 best illustrates the tubing (not enumerated) which carries dialysate from machine 100 into a patient, therein carries the fluid connection toward the implanted, blood-communicating, medical device 600)
Regarding Claim 18,
Halliburton in view of Paek and optionally Chen discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The method of claim 17, -- wherein the fluid connection comprises a dialysate.
(paragraph 27; dialysate (not enumerated/illustrated) is pumped from dialysis machine 100; fig 1-2)
However, Halliburton in view of Paek and optionally Chen is silent regarding:
wherein the dialysis machine is a peritoneal dialysis machine
However, Halliburton teaches an alternative embodiment:
wherein the dialysis machine is a peritoneal dialysis machine
(paragraph 25+44; the dialysis system used may be a hemodialysis machine as illustrated, or a peritoneal dialysis machine)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to substitute the hemodialysis machine disclosed Halliburton for the peritoneal dialysis machine taught as an alternative embodiment of Halliburton in order to advantageously arrive at an invention which can recharge an implanted medical device during peritoneal dialysis treatment as they are art recognized equivalents known for the same purpose of treating a patient and distributing energy to an implanted medical device, see paragraph 44 of Halliburton and MPEP 2144.06(II).
Regarding claim 20, the modified invention of Halliburton in view of Paek and optionally in view of Chen discloses:
The method of claim 19, wherein the device is implanted in the body of the patient.
Halliburton: (paragraph 37; device 600 is implanted)
Claim(s) 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Halliburton in view of Paek and optionally Chen as applied to claim 8 & 18 above, and further in view of US 20110190692 A1, henceforth written as Manda.
Regarding Claim 9,
Halliburton in view of Paek and optionally Chen discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The device of claim 8, wherein the device comprises one or more sensors; and
Halliburton: (sensor 601; fig 6)
[having] dialysate within a catheter of a patient
Halliburton: (needle 203, which may be considered a catheter by the manner by which it is a vessel conveying fluid to a patient, carries dialysate (not enumerated/illustrated) to a patient (not enumerated/illustrated) ; fig 1-2)
However, Halliburton in view of Paek and optionally Chen is silent regarding:
wherein the one or more sensors comprises a pressure sensor for sensing pressure of the dialysate within a catheter of a patient.
However, Manda teaches a implantable medical device with sensors
wherein the one or more sensors comprises a pressure sensor for sensing [fluid] pressure within a catheter of a patient
(paragraph 20+50; implantable medical device 12 includes a pressure sensor 30 to measure a pressure of the fluid within a lumen of a catheter for identifying cuts/occlusions in the catheter; fig 1)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Manda's teachings of an implanted medical device using a pressure sensor to detect malfunctions in an in vivo catheter to the implanted medical device and catheter disclosed by Halliburton in view of Paek and optionally Chen, by electronically connecting Manda's pressure sensor 30 to Halliburton's medical device 600 in a similar manner to Manda's disclosure such that it may measure the dialysate pressure in Halliburton's needle 203, in order to advantageously arrive at an invention which can detect malfunctions such as damage to and blockage of the claimed catheter, see paragraph 49-51 of Manda, such malfunctions which impose risks of inadequate treatment and death for a patient.
Regarding Claim 19,
Halliburton in view of Paek and optionally Chen discloses all of the elements of the current invention which the present claim is dependent upon, as described above, including the following limitations of the present claim:
The device of claim 8 wherein the device comprises one or more sensors; and
Halliburton: (sensor 601; fig 6)
[having] dialysate within a catheter of a patient; and
Halliburton: (needle 203, which may be considered a catheter by the manner by which it is a vessel conveying fluid to a patient, carries dialysate (not enumerated/illustrated) to a patient (not enumerated/illustrated) ; fig 1-2)
broadcasting the sensed [parameters] via the communication module
Halliburton: (paragraph 42; medical device 600, via its remote communication components (not enumerated/illustrated), communicate performance information, such as sensed parameters and therein readings from sensor 601, to the remote powering device, dialysis machine 100; fig 6)
However, Halliburton in view of Paek is silent regarding:
The method of claim 18, wherein the one or more sensors comprises a pressure sensor, the method further comprising: sensing pressure of the dialysate within a catheter of a patient; and broadcasting the sensed pressure via the communication module.
However, Manda teaches an implantable medical device with sensors
wherein the one or more sensors comprises a pressure sensor for sensing [fluid] pressure within a catheter of a patient
(paragraph 20+50; implantable medical device 12 includes a pressure sensor 30 to measure a pressure of the fluid within a lumen of a catheter for identifying cuts/occlusions in the catheter; fig 1)
and broadcasting the sensed pressure via the communication module.
(paragraph 20+27-28+36+67-68; pressure data from sensor 30 is communicated via a telemetry module 44 to a programmer 20 for the awareness of a clinician or patient; fig 1-2)
Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to incorporate Manda's teachings of an implanted medical device using a pressure sensor to detect and communicate malfunctions in an in vivo catheter to the implanted medical device and catheter disclosed by Halliburton in view of Paek, by electronically connecting Manda's pressure sensor 30 to Halliburton's medical device 600 in a similar manner to Manda's disclosure such that it may measure the dialysate pressure in Halliburton's needle 203 and communicate malfunctions to its operator, in order to advantageously arrive at an invention which can detect malfunctions such as damage to and blockage of the claimed catheter, see paragraph 49-51 of Manda, such malfunctions which impose risks of inadequate treatment and death for a patient.
Conclusion
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 FORREST DIPERT whose telephone number is (703)756-1704. The examiner can normally be reached M-F 8:30am-5pm eastern.
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, Michael Tsai can be reached on (571) 270-5246. 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.
/FORREST B DIPERT/Examiner, Art Unit 3783 /MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783