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 .
Election/Restrictions
Applicant’s election without traverse of Species a) figures 1-11c, claims 1-5, 8-12, 14-16, and 18-20 in the reply filed on 11/25/2025 is acknowledged.
Claims 6-7, 13, and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/252025.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 4, 8, 9, 16, 18, 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Howson et al (US 4,804,054).
Regarding claim 1, Howson discloses (in figures 1-3, 10-11) a power supply device 19, 265, comprising:
a power transmission coil 288 configured to supply power in a non-contact manner from outside the body via a coil in an intracorporeal implant-type medical appliance configured to be injected with a drug solution from outside the body;
a support body 265 configured to support the power transmission coil; and
an adhesive section (32,34 or at 52) formed on the support body, on a side of the support body that faces a body surface of a living subject.
Regarding claim 3, the support body and the adhesive section are capable of being subjected to sterilization treatment since all medical devices contacting a patient go through sterilization.
Regarding claim 4, Howson discloses the support body has a hole 31 (figs 1 and 10) through which an injection needle 25,271 for injecting the drug solution can be inserted, and the power transmission coil 19,50,288 is disposed so as to surround the hole.
Regarding claim 8, Howson discloses a medical device, comprising: the power supply device according to claim 1; and
an intracorporeal implant-type medical appliance 21,267, wherein the medical appliance is provided with a soft section 62,277 through which an injection needle 25,271 for injecting a drug solution can be inserted,
a drug solution container 75,280 having an opening occluded by the soft section and being configured to receive the drug solution injected from the injection needle, and
a power reception section (77 fig 3; at 287 fig 10) and configured to use a coil (85,87 fig 3; and 287 fig 10) to receive, in a non-contact manner, power supplied from the power transmission coil in the power supply device 19,265.
Regarding claim 9, Howson discloses the medical appliance is further provided with a light-emitting section (44a-44c in Fig 1; 286 in fig 10) configured to emit light.
Regarding claim 16, the power supply device according to claim 3, wherein the support body has a hole through which an injection needle for injecting the drug solution can be inserted, and the power transmission coil is disposed so as to surround the hole.
Regarding claim 18, Howson discloses the power supply device according to claim 3; and an intracorporeal implant-type medical appliance 21,267, wherein the medical appliance is provided with a soft section 62,277 through which an injection needle for injecting a drug solution can be inserted, a drug solution container 75,280 having an opening occluded by the soft section and being configured to receive the drug solution injected from the injection needle, and a power reception section (77 fig 3; at 287 fig 10) configured to use a coil (85,87 fig 3; and 287 fig 10) to receive, in a non-contact manner, power supplied from the power transmission coil in the power supply device 19,265.
Regarding claim 19, a medical device, comprising: the power supply device according to claim 4; and an intracorporeal implant-type medical appliance 21,267, wherein the medical appliance is provided with a soft section 62,277 through which an injection needle for injecting a drug solution can be inserted, a drug solution container 75,280 having an opening occluded by the soft section and being configured to receive the drug solution injected from the injection needle, and a power reception section (77 fig 3; at 287 fig 10) configured to use a coil (85,87 fig 3; and 287 fig 10) to receive, in a non-contact manner, power supplied from the power transmission coil in the power supply device 19,265.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Howson et al (4,804,054) in view of Lui (US 5620419 A).
Regarding claim 10, Howson discloses a medical device, comprising. the power supply device according to claim 4; and an intracorporeal implant-type medical appliance, 21,267, wherein the medical appliance is provided with a soft section 62,277 through which an injection needle for injecting a drug solution can be inserted, a drug solution container 75,280 having an opening occluded by the soft section and being configured to receive the drug solution injected from the injection needle, a power reception section (77 fig 3; at 287 fig 10) configured to use a coil (85,87 fig 3; and 287 fig 10) to receive, in a non-contact manner, power supplied from the power transmission coil in the power supply device, and a light-emitting section (44a-44c in Fig 1; 286 in fig 10) configured to emit light. However, Howson fails to disclose a diameter of the hole in the power supply device is greater than an outer diameter of the soft section, and a radius of the hole is greater than a distance between the center of the soft section and the light-emitting section in a plan view.
Lui teaches a port stabilizing ring having a diameter greater than the than an outer diameter of the soft section and a radius of the hole is greater than a distance between the center of the soft section (figs 5-6) for stabilizing the port upon needle insertion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Howson power supply hole and a distance between the center of the soft section and the light-emitting section in a plan view with a larger hole as taught by Lui since such modification would have secured the implant in place upon needle insertion providing efficacy and accuracy.
Claims 2, 11-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Howson et al (4,804,054) in view of Mann (US 6275737 B1) and Dang et al (US 20180200412 A1).
Regarding to claim 2, Howson discloses the adhesion section at 52 in figure 1. However, Howson fails to disclose the power supply device, further comprising: an elastic deformation section disposed between the support body and the adhesive section, the elastic deformation section being deformable.
Mann teaches a patch including a flexible material 12 with a top surface 11 (support body), an adhesive base 13, and a removable backing 14. (col. 6, lines 38-59). Mann does not disclose the flexible layer being of an elastic deformation section.
Dang teaches in [0077], that the flexible layer can be made of a bi-elastic flexible material.
Therefore, given the teachings of Mann and Dang, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Howson by including the elastic deformation section below the support body as taught by Mann and Dang since such modification would have provided an improved patient body conforming adhesion and flexibility.
Regarding claim 11, Howson discloses the support body and the adhesive section are capable of being subjected to sterilization treatment since all medical devices contacting a patient go through sterilization.
Regarding claim 12, Howson discloses the support body has a hole 31 (figs 1 and 10) through which an injection needle 25,271 for injecting the drug solution can be inserted, and the power transmission coil 19,50,288 is disposed so as to surround the hole.
Regarding claim 14, Howson discloses a medical device, comprising: the power supply device according to claim 2; and an intracorporeal implant-type medical appliance 21,267, wherein the medical appliance is provided with a soft section 62,277 through which an injection needle 25,271 for injecting a drug solution can be inserted,
a drug solution container 75,280 having an opening occluded by the soft section and being configured to receive the drug solution injected from the injection needle, and
a power reception section (77 fig 3; at 287 fig 10) and configured to use a coil (85,87 fig 3; and 287 fig 10) to receive, in a non-contact manner, power supplied from the power transmission coil in the power supply device 19,265.
Allowable Subject Matter
Claims 5, 15, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cris L Rodriguez whose telephone number is (571)272-4964. The examiner can normally be reached Mon-Thur 8am- 2pm..
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/Cris L. Rodriguez/
Primary Patent Examiner
Art Unit 3783