DETAILED ACTION
This is a first action on the merits, in response to the claims received 03/30/2023. Claims 11-16,21-26 are pending for prosecution below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS)(s) file on have been considered by the examiner. An initialed copy is attached herewith.
Claim Rejections - 35 USC § 102
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.
Claim(s) 11,14-16,21,24-25, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kast et al, (Kast), (USNO.2004/0267332).
As for claim 11, Kast discloses and shows in Figs. 1 and 5 a method of forming an implantable medical device comprising: mounting a secondary coil (ref’s rechargeable neuro stimulator) in a drop-in coil (via apparatus assembly; Fig.5b) channel defined within a first side of an insulating frame (ref’s hermetic seal), wherein the secondary coil is configured to electrically couple to a rechargeable power source of the implantable device and configured to inductively couple with a primary coil (ref’s primary recharging coil) of an external charging device to transcutaneously (via patient skin) charge the rechargeable power source; electrically coupling a first and a second wire end of the secondary coil to respective first ends of a pair of electrical connectors (closed circuit with coupled); and electrically coupling respective second ends of the electrical connectors to a circuit board (ref’s electronics) of the implantable medical device (par.[0024-0025,0032]),
As for claim 14, Kast discloses and shows in Figs. 1 and 5 positioning the electrical connectors within respective receiving channels defined in a
second side of the insulating frame
As for claim 15, Kast discloses and shows in Fig. 5 partially surrounding the insulating frame within a first and a second encapsulating sleeve; and
welding the first and second encapsulating sleeves along a seam, wherein the insulating frame defines a protective barrier (via hermetic seal) positioned between the seam and the secondary coil (par.[0032])
As for claim 16, Kast discloses and shows the first and the second encapsulating sleeve comprise titanium (par.[0026]).
As for claim 21, Kast and shows in Figs. 1 and 5 method of forming an implantable medical device comprising: causing a secondary coil (ref’s rechargeable neuro stimulator) to be mounted in a drop-in coil (via apparatus assembly; Fig.5b) channel defined within a first side of an insulating frame (ref’s hermetic seal), wherein the secondary coil is configured to electrically couple to a rechargeable power source of the implantable device and configured to inductively couple with a primary coil (ref’s primary recharging coil) of an external charging device to transcutaneously (via patient skin) charge the rechargeable power source; causing a first and a second wire end of the secondary coil to be electrically coupled to respective first ends of a pair of electrical connectors; and causing respective second ends of the electrical connectors to be coupled to a circuit board (ref’s electronics) of the implantable medical device (par.[0024-0025,0032]).
As for claim 24, Kast discloses and shows in Figs. 1 and 5 positioning the electrical connectors within respective receiving channels defined in a
second side of the insulating frame
As for claim 25, Kast discloses and shows in Fig. 5 causing the insulating frame to be partially surrounded within a first and a second
encapsulating sleeve; and causing the first and second encapsulating sleeves to be welded along a seam, wherein the insulating frame defines a protective barrier positioned between the seam and the secondary coil (par.[0032]).
As for claim 26, Kast discloses and shows the first and the second encapsulating sleeve comprise titanium (par.[0026]).
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.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kast in view of Chen, (USNO.2008/0027500).
As for claim 22, Kast discloses all limitations, but differs from the claimed invention because he does not explicitly disclose causing an insulated wire to be wrapped on a mandrel, separate and distinct from the insulating frame, to form the secondary coil
Chen discloses causing an insulated wire (via ref’s multi-filament copper) to be wrapped on a mandrel, separate and distinct from the insulating frame, to form the secondary coil (par.[0035])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of Kast by using causing an insulated wire to be wrapped on a mandrel, separate and distinct from the insulating frame, to form the secondary coil for advantages such as providing the ability to improve coil quality and formation (par.[0035]), as taught by Chen.
Allowable Subject Matter
Claims 13 and 23 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 13: heating or exposing the secondary coil to a solvent to bind an insulating layer of the wire together so the secondary coil defines a loop sized by the mandrel, wherein the loop is the same size as the drop-in coil channel, in combination with the remaining limitations of independent claims.
Claim 23: the secondary coil to be heated or exposed to a solvent to bind an insulating layer of the wire together so the secondary coil defines a loop sized by the mandrel, wherein the loop is the same size as the drop-in coil channel, in combination with the remaining limitations of independent claims.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN C WILLIAMS whose telephone number is (571)272-9765. The examiner can normally be reached on M-F 9 a.m. - 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached on 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARUN C WILLIAMS/ Primary Examiner, Art Unit 2859