DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 8/14/2026 has been entered.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 2-8 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent Application Publication 2008/0119135 to Washiro (hereinafter “Washiro”) in view of US Patent 8,019,419 to Panescu (hereinafter “Panescu”).
Regarding claim 1, Washiro discloses a device comprising an antenna to send one or more electromagnetic signals ([0067]) comprising: a ground layer (Conductor Layer 3, Fig. 13B); a conductive layer between the ground layer and the body of the patient (Conductive Layer 2); a dielectric layer between the conductive layer and the body of the patient such that the dielectric layer is proximal to the body of the patient (Dielectric layer 1); and a coaxial cable coupled to the antenna and configured to provide the received signal to the antenna (Fig. 14, [0110]). However, Washiro does not disclose that the antenna is part of a wearable device to send electromagnetic signals to a wireless medical device implanted within a body.
Panescu discloses a wearable device (500) comprising an antenna (513) configured to send one or more electromagnetic signals to a wireless medical device (Element 600) implanted within a body of the patient based on a received signal (Col 2 Ln 50 – Col 3 Ln 5). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include the wearable device communicating with a wireless medical device such as that taught by Panescu in order to eliminate the need for a communication cable between an external programmer and an implanted medical device.
Regarding claim 3, Washiro teaches that the antenna further comprises a non-conductive layer between the ground and the conductive layer (Dielectric layer 2, Fig. 13B)
Regarding claim 4, Washiro teaches that the coaxial cable is coupled to the conductive layer ([0110])
Regarding claim 5, Washiro teaches that the electromagnetic signals are transmitted via electrical radiative coupling and without inductive coupling ([0067] electrostatic coupling is contemplated as an alternative to inductive coupling). However, Washiro does not disclose that the wireless medical device is remotely powered by energy in the electromagnetic signals. However, Panescu teaches that the wireless medical device is remotely powered by energy in the electromagnetic signals (Col 4 Ln 24-37). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include that the wireless medical device is remotely powered by energy in the electromagnetic signals such as that taught by Panescu in order to remove the need for a battery to power the implantable device which can greatly reduce the size and longevity of the device.
Regarding Claim 6, Washiro does not disclose that the wireless medical device is remotely powered by energy in the electromagnetic signals such that wireless medical device does not require electrical power from any other source to operate when powered by the wearable device. However, Panescu teaches that the wireless medical device is remotely powered by energy in the electromagnetic signals such that wireless medical device does not require electrical power from any other source to operate when powered by the wearable device (Col 3 Ln 6-14, Col 4 Ln 24-37).
Regarding Claim 7, Washiro does not teach a housing carrying the antenna, the housing comprising a first attachment feature configured to engage a second attachment feature on a wearable article for positioning the antenna adjacent the body when the wearable article is worn on the body. However, Panescu teaches a housing carrying the antenna, the housing comprising a first attachment feature configured to engage a second attachment feature on a wearable article for positioning the antenna adjacent the body when the wearable article is worn on the body (Col 5 Ln 51-63, Panescu discloses that the housing is a removable wrist watch which are well-known to have two attachment features). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include the antenna housing and attachment features such as that taught by Panescu as doing so allows the device to be removed from the user for charging or battery replacement.
Regarding Claim 8, Washiro discloses a control circuit (Element 11 or 21) coupled to the coaxial cable. However, Washiro does not disclose that the control circuit is configured to provide the received signal to the coaxial cable; and a battery coupled to the control circuit, the battery configured to provide electrical power to the control circuit. Panescu discloses a housing for the antenna (col 5 Ln 51-6) configured to carry the control circuit configured to provide the received signal (Element 501), and a battery coupled to the control circuit, the battery configured to provide electrical power to the control circuit (Element 515). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include a control circuit and battery such as that taught by Panescu in order to stay in continuous communication with the implantable device in order to optimize the stimulation program.
Claims 9-15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Washiro in view of Panescu.
Regarding claim 9, Washiro discloses a system comprising an antenna to send one or more electromagnetic signals ([0067]) comprising: a ground layer (Conductor Layer 3, Fig. 13B); a conductive layer between the ground layer and the body of the patient (Conductive Layer 2); a dielectric layer between the conductive layer and the body of the patient such that the dielectric layer is proximal to the body of the patient (Dielectric layer 1); and a coaxial cable coupled to the antenna and configured to provide the received signal to the antenna (Fig. 14, [0110]). However, Washiro does not disclose a wireless medical device implanted within a body of the patient. Panescu discloses a system comprising a wireless medical device implanted within a body of the patient (Fig. 2A, Element 201) and an antenna configured to send one or more electromagnetic signals (Element 513). It would have been obvious before the effective fling date of the claimed invention to modify Washiro to include a wireless medical device implanted within a body of a patient such as that taught by Panescu as these devices are well-known to communicate wirelessly to avoid wiring internal to the patient and can be useful in techniques such as cardioversion.
Regarding claim 10, Washiro teaches that the antenna further comprises a non-conductive layer between the ground and the conductive layer (Dielectric layer 2, Fig. 13B)
Regarding Claim 11, Washiro teaches that the coaxial cable is coupled to the conductive layer ([0110])
Regarding claim 12, Washiro teaches that the electromagnetic signals are transmitted via electrical radiative coupling and without inductive coupling ([0067] electrostatic coupling is contemplated as an alternative to inductive coupling). However, Washiro does not disclose that the wireless medical device is remotely powered by energy in the electromagnetic signals. However, Panescu teaches that the wireless medical device is remotely powered by energy in the electromagnetic signals (Col 4 Ln 24-37). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include that the wireless medical device is remotely powered by energy in the electromagnetic signals such as that taught by Panescu in order to remove the need for a battery to power the implantable device which can greatly reduce the size and longevity of the device.
Regarding Claim 13, Washiro does not disclose that the wireless medical device is remotely powered by energy in the electromagnetic signals such that wireless medical device does not require electrical power from any other source to operate when powered by the wearable device. However, Panescu teaches that the wireless medical device is remotely powered by energy in the electromagnetic signals such that wireless medical device does not require electrical power from any other source to operate when powered by the wearable device (Col 3 Ln 6-14, Col 4 Ln 24-37).
Regarding Claim 14, Washiro does not teach a housing carrying the antenna, the housing comprising a first attachment feature configured to engage a second attachment feature on a wearable article for positioning the antenna adjacent the body when the wearable article is worn on the body. However, Panescu teaches a housing carrying the antenna, the housing comprising a first attachment feature configured to engage a second attachment feature on a wearable article for positioning the antenna adjacent the body when the wearable article is worn on the body (Col 5 Ln 51-63, Panescu discloses that the housing is a removable wrist watch which are well-known to have two attachment features). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include the antenna housing and attachment features such as that taught by Panescu as doing so allows the device to be removed from the user for charging or battery replacement.
Regarding Claim 15, Washiro discloses a control circuit (Element 11 or 21) coupled to the coaxial cable. However, Washiro does not disclose that the control circuit is configured to provide the received signal to the coaxial cable; and a battery coupled to the control circuit, the battery configured to provide electrical power to the control circuit. Panescu discloses a housing for the antenna (col 5 Ln 51-6) configured to carry the control circuit configured to provide the received signal (Element 501), and a battery coupled to the control circuit, the battery configured to provide electrical power to the control circuit (Element 515). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include a control circuit and battery such as that taught by Panescu in order to stay in continuous communication with the implantable device in order to optimize the stimulation program.
Claims 19-21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Washiro in view of Panescu.
Regarding Claim 19, Washiro discloses a device comprising an antenna configured to send one or more electromagnetic signals via electrical radiative coupling and without inductive coupling ([0067], electrostatic coupling is contemplated in an alternative to inductive coupling), the antenna comprising a ground layer (Conductor Layer 3, Fig. 13B); a conductive layer between the ground layer and the body of the patient (Conductive Layer 2); a dielectric layer between the conductive layer and the body of the patient such that the dielectric layer is proximal to the body of the patient (Dielectric layer 1); and a coaxial cable coupled to the antenna and configured to provide the received signal to the antenna (Fig. 14, [0110]). However Washiro does not disclose a wireless medical device or that the wireless medical device is remotely powered by energy in the electromagnetic signals. However, Panescu teaches that a wireless medical device (Element 600) in communication with a wearable device comprising an antenna (Element 513, [0067]), and the wireless medical device is remotely powered by energy in the electromagnetic signals (Col 4 Ln 24-37). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include a wireless medical device that is remotely powered by energy in the electromagnetic signals such as that taught by Panescu in order to remove the need for a battery to power the implantable device which can greatly reduce the size and longevity of the device.
Regarding claim 20, Washiro does not teach a housing carrying the antenna, the housing comprising a first attachment feature configured to engage a second attachment feature on a wearable article for positioning the antenna adjacent the body when the wearable article is worn on the body. However, Panescu teaches a housing carrying the antenna, the housing comprising a first attachment feature configured to engage a second attachment feature on a wearable article for positioning the antenna adjacent the body when the wearable article is worn on the body (Col 5 Ln 51-63, Panescu discloses that the housing is a removable wrist watch which are well-known to have two attachment features). It would have been obvious before the effective filing date of the claimed invention to modify Washiro to include the antenna housing and attachment features such as that taught by Panescu as doing so allows the device to be removed from the user for charging or battery replacement.
Regarding Claim 21, Washiro discloses that the antenna further comprises a non-conductive layer between the ground and the conductive layer (Dielectric layer 2, Fig. 13B)
Claims 16-18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Washiro and Panescu as applied to claim 9 above, and further in view of US Patent Application 2012/0290042 to Imran (hereinafter “Imran”). Washiro and Panescu do not disclose a control panel with a user interface; however, Imran discloses an external controller for an implanted medical device comprising:
a control panel with at least one user interface button ([0049])
wherein the control panel comprises a first user interface button that controls at least one neurostimulation setting of a control circuitry ([0049] [0050])
wherein the at least one neurostimulation setting comprises a setting for one or more of an amplitude, a pulse width, a frequency, and a preset program ([0049] [0050] [0051])
It would have been obvious before the effective filing date of the claimed invention to modify Washiro and Panescu to include an external controller with a control panel such as that taught by Imran in order to modify a treatment program in response to a patient’s evolving medical condition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL JAMES CAREY whose telephone number is (571)270-7235. The examiner can normally be reached Monday-Friday (8am-5pm).
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/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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