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 .
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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/27/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 8-10, 14-18, 20, 22, 24-35 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 1 & 24 recites the limitation “the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe, and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance” which is not supported by the specification.
In applicants’ specification [0112-0113] the above limitation is described as only independently monitoring the probe sided energy harvesting coil and controlling the auxiliary wirelessly supplying power coil. There is no mention of actively monitoring a resonance state of the coil for wirelessly supplying power. It is also noted that “actively controlling the stimulation frequency” is shown to be an alternative method to both the monitoring of the energy harvesting coil and controlling a resonance of the energy harvesting coil.
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.
Claims 1, 8-10, 14-16, 22, 24-29, 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Scarantino et al (US20100261983A1; hereinafter referred to as Scarantino) in view of Yeh et al (WO2019200285A1, US20250339679A1 for purposes of citation; hereinafter referred to as Yeh).
Regarding Claim 1, Scarantino discloses a tumor sensor system comprising an implantable probe, an auxiliary device, and a host device (“Turning now to FIG. 1A, a real-time tumor monitoring system 10 is illustrated. As shown, the tumor monitoring system 10 includes an in situ sensor unit 50 positioned in a subject 20 proximate to a tumor 25… The sensor unit 50 is configured with a telemetry link 60 to wirelessly communicate with an externally located receiver 75. The receiver 75 includes a computer interface 76 and is operably associated with a physician interface module 80 such as a display monitor associated with a central processing unit, computer, or other computer means to allow physician access to the monitored data.” [0071]),
wherein the implantable probe comprises: at least one sensor configured to generate an electric signal in response to a physical stimulus (“the present invention configures a tumor monitoring system with sensor elements designed to monitor one or more of tumor pH, oxygenation level, temperature, and cell proliferation.” [0087]);
at least one antenna coil for data communication by means of inductive communication (“The sensor unit 50 is configured with a telemetry link 60 to wirelessly communicate with an externally located receiver 75.” [0071], “The sensor unit 50 is configured with a primary body portion 50B and a plurality of arm portions 50A extending outwardly therefrom. As shown in FIG. 6B, the arms 50A have a thin planar profile. Preferably, the arms 50A are formed of a flexible biocompatible substrate material such as a polyimide (like Kapton®, a polyimide material). At least one sensor element 51 is positioned on each arm 50A, preferably at a distal portion (away from the primary body 50B). A separate channel 151 electrically connects the sensor element 51 to the electronic operating circuitry 125 positioned on the primary body 50B.” [0123], “the transmitter coil 58 is substantially circumferentially layered to surround the electronics 125.” [0124]);
an energy harvesting coil for harvesting energy from an energy-containing electromagnetic signal (“Each of the sensor units of the present invention are powered either by a battery (FIG. 5), or, and more preferably, is inductively powered (FIGS. 6A, 8, and 9).” [0120], “Preferably, both the injectable and implantable versions 50I, 50, respectively, of the sensor units of the present invention, such as those shown in FIGS. 6 and 7, are inductively powered. That is, the monitoring system is configured to act as a transformer (with one coil on the surface of the patient's body and the second within the monitor) to couple and power the internally disposed sensors, as is well known to those of skill in the art and discussed briefly above.” [0127]);
and a processing circuit configured to generate data based on the signal generated by the sensor and transmit the data, using digital communication, via the at least one antenna, by means of the inductive communication, to the auxiliary device (“A block diagram of the circuit is illustrated in FIG. 12. Temperature increases were sensed by the four thermistors 51 a-51 d in response to a corresponding reduction in resistance. A constant current source driving the thermistors 51 a-51 d was used to measure the resistance. The amplifier 53 voltage output was proportional to the resistance change. A voltage to current converter 54 attached to the amplifier 53 was used to charge a timing capacitor 56. The time period for the voltage on the timing capacitor to reach a threshold was proportional to the change in resistance in the thermistor 51 e, and hence proportional to the temperature change at the thermistor's surface… his small current source forced the transmitter 157 to send out signal bursts at a large time interval for testing purposes. Longer time intervals indicate lower temperature measurements, while shorter ones indicate higher temperatures.” [0140], ,
wherein the auxiliary device comprises: an antenna coil configured to receive the data from the implantable probe by means of the inductive communication (“Further, the dependent sensor units 50D are telemetrically connected 60I to the satellite sensor units 50I, which is telemetrically connected 60 to the external receiver 75.” [0130], “As the receiver 75 should be positioned proximate to the sensor unit coil 58 (typically about 30 cm) for proper data transmission” [0131]);
a transmitter configured to transmit data based on the received data to the host device (“the tumor monitoring system 10′ includes a home receiver unit 75′ and a remote interface 78 which communicates with the physician interface 80 (the physician interface shown in this embodiment is a central processing unit). The patient 20 (the dotted line represents the patient being in the house proximate to the receiver 75′) even when at home can continue to monitor and transmit data to a remote site. The remote interface 78 can provide the communications link between the monitored local data and a remote clinical oversight station. As such, the remote interface 78 can be provided by any number of interface or data load means including a computer modem, a wireless communication system, an internet connection, or telephone connection.” [0074]);
and a coil for wirelessly supplying power to the implantable probe by transmitting an energy-containing electromagnetic signal to the implantable probe (“both the injectable and implantable versions 50I, 50, respectively, of the sensor units of the present invention, such as those shown in FIGS. 6 and 7, are inductively powered. That is, the monitoring system is configured to act as a transformer (with one coil on the surface of the patient's body and the second within the monitor) to couple and power the internally disposed sensors, as is well known to those of skill in the art and discussed briefly above” [0127]),
wherein the power is transmitted inductively from the coil for wirelessly supplying power to the energy harvesting coil (“both the injectable and implantable versions 50I, 50, respectively, of the sensor units of the present invention, such as those shown in FIGS. 6 and 7, are inductively powered. That is, the monitoring system is configured to act as a transformer (with one coil on the surface of the patient's body and the second within the monitor) to couple and power the internally disposed sensors, as is well known to those of skill in the art and discussed briefly above” [0127]);
and wherein the host device is configured to process or visualize the data (“The sensor unit 50 is configured with a telemetry link 60 to wirelessly communicate with an externally located receiver 75. The receiver 75 includes a computer interface 76 and is operably associated with a physician interface module 80 such as a display monitor associated with a central processing unit, computer, or other computer means to allow physician access to the monitored data. As shown, the physician interface 80 is a laptop or other mobile/portable computer means to allow a physician instant access to the substantially real-time monitored tumor parameters.” [0071]),
wherein the auxiliary device is movable with respect to the host device and the implantable probe (“the receiver 75′ can be configured to be portable and sufficiently light weight to allow a user to wear it (attached to clothing or other supporting belts or suspenders or the like) such that it is in a desired proximity to the imbedded sensor unit(s) 50 to more easily provide semi-continuous or substantially continuous dynamic data tracking.” [0077]).
Scarantino does not specifically disclose that the coil for wirelessly supplying power and the energy harvesting coil operate in resonance, and that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe, and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance.
However, in a similar field of endeavor, Yeh teaches systems, devices, and methods that include wireless midfield transmitters and implantable receiver devices [Abstract].
Yeh also teaches that the coil for wirelessly supplying power and the energy harvesting coil operate in resonance, and that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe(“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance (“The circuitry 500 can include a tunable matching network 538 to set an impedance of the antenna 108 based on an input impedance of the circuitry 500. The impedance of the antenna 108 can change, for example, due to environmental changes. The tunable matching network 538 can adjust the input impedance of the circuitry 500 based on the varying impedance of the antenna 108. In one or more examples, the impedance of the tunable matching network 538 can be matched to the impedance of the antenna 108. In one or more examples, the impedance of the tunable matching network 538 can be set to cause a portion of a signal incident on the antenna 108 reflect back from the antenna 108, thus creating a backscatter signal.” [0172], “the first implantable device 600 can be situated in tissue. There can be some flexibility in adjusting an impedance affecting the antenna 108 in the implant environment, such as by digitally switching one or more capacitors or inductors into or out of an electrical path of the antenna 108 or by changing a digital value of a digitally controllable capacitor or other impedance-modulating device. This flexibility can allow optimization of the antenna impedance to accommodate variations in the implant environment over an operating frequency range, thereby optimizing energy transfer to the implantable device antenna or optimizing an integrity of communications between the implantable device and an external powering unit (EPU) or external device such as the source 102.” [0498]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with the coil for wirelessly supplying power and the energy harvesting coil operate in resonance, and that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe, and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 8, Scarantino discloses that the at least one sensor comprises at least one of: an ionizing radiation dose detector; a peak ionizing radiation dose detector; a cumulative ionizing radiation dose detector; and at least one photodetector with optional light emitters (“The sensor element 51 shown in FIG. 5 is a thermistor. More preferably, as shown in FIG. 6 a, the sensor unit 50 comprises a plurality of sensor elements 51 a-51 e, which are preferably configured to monitor one or more of temperature, radiation, oxygen, and pH. Suitable discrete pH, radiation, and temperature elements 51 a-51 e are known to those of skill in the art. The preferred temperature sensor type is a thermistor. The preferred radiation sensors are well known such as MOSFET (metal oxide semiconductor field effect transistor) based designs. Preferred self-calibrating oxygen and combination oxygen/pH sensor embodiments will be discussed further below.” [0121]).
Regarding Claim 9, Scarantino discloses that the implantable probe comprises a rigid circuit; and a flex circuit following a circumference of the implantable probe, wherein the components of the implantable probe are arranged on the rigid circuit and the flex circuit (“the transmitter coil 58 is substantially circumferentially layered to surround the electronics 125. The electronic circuitry 125 includes at least one, and preferably a plurality, of fixed resistors 125R for signal data reference as will be discussed further below.” [0124], “FIGS. 7, 8A, and 8B illustrate a sensor unit 50″ which is cylindrically shaped and sized for injection, e.g., an injectable sensor unit 50I. In this embodiment, a PCB or IC chip 125 p is oriented to extend a small distance along a length of the sensor body. The coil 58 also cylindrically extends to surround a portion of the PCB or IC 125. In the embodiment shown, the PCB is a substrate (preferably a flexible substrate) which extends a distance outside the coil 58 (for an overall length which is less than about 0.5 inches). Of course, with the use of an IC configuration, this size can be further reduced. In addition, the IC or PCB can be configured and sized to extend substantially the same distance as the coil 58. The sensor body can be configured to hold a single channel (i.e., one sensor element for a PCB version having a width of about 3 mm) or multi-channel (multiple elements, with each channel layed side by side, and typically wider than the single channel version).” [0126]).
Regarding Claim 10, Scarantino discloses that the two opposite edges of the flex circuit are attached to the rigid circuit (“the transmitter coil 58 is substantially circumferentially layered to surround the electronics 125. The electronic circuitry 125 includes at least one, and preferably a plurality, of fixed resistors 125R for signal data reference as will be discussed further below.” [0124], “FIGS. 7, 8A, and 8B illustrate a sensor unit 50″ which is cylindrically shaped and sized for injection, e.g., an injectable sensor unit 50I. In this embodiment, a PCB or IC chip 125 p is oriented to extend a small distance along a length of the sensor body. The coil 58 also cylindrically extends to surround a portion of the PCB or IC 125. In the embodiment shown, the PCB is a substrate (preferably a flexible substrate) which extends a distance outside the coil 58 (for an overall length which is less than about 0.5 inches). Of course, with the use of an IC configuration, this size can be further reduced. In addition, the IC or PCB can be configured and sized to extend substantially the same distance as the coil 58. The sensor body can be configured to hold a single channel (i.e., one sensor element for a PCB version having a width of about 3 mm) or multi-channel (multiple elements, with each channel layed side by side, and typically wider than the single channel version).” [0126]).
Regarding Claim 14, Scarantino discloses that at least one of: the auxiliary device is a handheld device with a housing encapsulating the antenna of the auxiliary device and the transmitter of the auxiliary device; the implantable probe or the auxiliary device is detectable by X-ray, ultrasound, or magnetic resonance imaging, MRI; or the system comprises a surgical instrument comprising a further probe comprising a further position sensor (“the receiver 75′ can be configured to be portable and sufficiently light weight to allow a user to wear it (attached to clothing or other supporting belts or suspenders or the like) such that it is in a desired proximity to the imbedded sensor unit(s) 50 to more easily provide semi-continuous or substantially continuous dynamic data tracking.” [0077]).
Regarding Claim 15, Scarantino discloses that the auxiliary device comprises a wired power supply configured to receive electric energy through a wire (“Preferably, the portable receiver unit (not shown) is self-powered with a trickle charger (to plug into a vehicle accessory power source or a wall outlet in the home) to allow a user to recharge the unit when not mobile.” [0077]).
Regarding Claim 16, Scarantino discloses that the auxiliary device comprises fixation means for fixing the auxiliary device to a patient or to an interventional patient support (“the receiver 75′ can be configured to be portable and sufficiently light weight to allow a user to wear it (attached to clothing or other supporting belts or suspenders or the like) such that it is in a desired proximity to the imbedded sensor unit(s) 50 to more easily provide semi-continuous or substantially continuous dynamic data tracking.” [0077]).
Regarding Claim 22, Scarantino discloses all limitations noted above except that further comprising a feedback control loop, wherein at least one of: the auxiliary device is configured to control a power emitted by the coil for transmitting the energy-containing EM signal in dependence on a signal sent from the implantable probe to the auxiliary device; the electromagnetic field generated by the field generator depends on a signal sent from the implantable probe to the auxiliary device; or the processing circuit of the implantable probe is configured to set an operating parameter of the implantable probe based on a signal transmitted from the auxiliary device to the implantable probe.
However, in a similar field of endeavor, Yeh teaches further comprising a feedback control loop, wherein at least one of: the auxiliary device is configured to control a power emitted by the coil for transmitting the energy-containing EM signal in dependence on a signal sent from the implantable probe to the auxiliary device; the electromagnetic field generated by the field generator depends on a signal sent from the implantable probe to the auxiliary device; or the processing circuit of the implantable probe is configured to set an operating parameter of the implantable probe based on a signal transmitted from the auxiliary device to the implantable probe (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with further comprising a feedback control loop, wherein at least one of: the auxiliary device is configured to control a power emitted by the coil for transmitting the energy-containing EM signal in dependence on a signal sent from the implantable probe to the auxiliary device; the electromagnetic field generated by the field generator depends on a signal sent from the implantable probe to the auxiliary device; or the processing circuit of the implantable probe is configured to set an operating parameter of the implantable probe based on a signal transmitted from the auxiliary device to the implantable probe as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 24, Scarantino discloses a method performed by an implantable probe, an auxiliary device, and a host device in a tumor sensor system (“Turning now to FIG. 1A, a real-time tumor monitoring system 10 is illustrated. As shown, the tumor monitoring system 10 includes an in situ sensor unit 50 positioned in a subject 20 proximate to a tumor 25… The sensor unit 50 is configured with a telemetry link 60 to wirelessly communicate with an externally located receiver 75. The receiver 75 includes a computer interface 76 and is operably associated with a physician interface module 80 such as a display monitor associated with a central processing unit, computer, or other computer means to allow physician access to the monitored data.” [0071]),
the method comprising generating, by a sensor of the implantable probe, an electric signal in response to a physical stimulus (“the present invention configures a tumor monitoring system with sensor elements designed to monitor one or more of tumor pH, oxygenation level, temperature, and cell proliferation.” [0087]);
generating, by a processing circuit of the implantable probe, data based on the signal generated by the sensor; transmitting, by the processing circuit of the implantable probe, the data via an antenna of the implantable probe to the auxiliary device by means of inductive communication (“The sensor unit 50 is configured with a telemetry link 60 to wirelessly communicate with an externally located receiver 75.” [0071], “The sensor unit 50 is configured with a primary body portion 50B and a plurality of arm portions 50A extending outwardly therefrom. As shown in FIG. 6B, the arms 50A have a thin planar profile. Preferably, the arms 50A are formed of a flexible biocompatible substrate material such as a polyimide (like Kapton®, a polyimide material). At least one sensor element 51 is positioned on each arm 50A, preferably at a distal portion (away from the primary body 50B). A separate channel 151 electrically connects the sensor element 51 to the electronic operating circuitry 125 positioned on the primary body 50B.” [0123], “the transmitter coil 58 is substantially circumferentially layered to surround the electronics 125.” [0124]);
harvesting, by an energy harvesting coil of the implantable probe, energy from an energy- containing electromagnetic signal (“Each of the sensor units of the present invention are powered either by a battery (FIG. 5), or, and more preferably, is inductively powered (FIGS. 6A, 8, and 9).” [0120], “Preferably, both the injectable and implantable versions 50I, 50, respectively, of the sensor units of the present invention, such as those shown in FIGS. 6 and 7, are inductively powered. That is, the monitoring system is configured to act as a transformer (with one coil on the surface of the patient's body and the second within the monitor) to couple and power the internally disposed sensors, as is well known to those of skill in the art and discussed briefly above.” [0127]);
harvesting, by an energy harvesting coil of the implantable probe, energy from an energy- containing electromagnetic signal (“A block diagram of the circuit is illustrated in FIG. 12. Temperature increases were sensed by the four thermistors 51 a-51 d in response to a corresponding reduction in resistance. A constant current source driving the thermistors 51 a-51 d was used to measure the resistance. The amplifier 53 voltage output was proportional to the resistance change. A voltage to current converter 54 attached to the amplifier 53 was used to charge a timing capacitor 56. The time period for the voltage on the timing capacitor to reach a threshold was proportional to the change in resistance in the thermistor 51 e, and hence proportional to the temperature change at the thermistor's surface… his small current source forced the transmitter 157 to send out signal bursts at a large time interval for testing purposes. Longer time intervals indicate lower temperature measurements, while shorter ones indicate higher temperatures.” [0140], ,
wirelessly, by a coil of the auxiliary device, supplying power to the implantable probe by transmitting the energy-containing electromagnetic signal to the implantable probe (“Further, the dependent sensor units 50D are telemetrically connected 60I to the satellite sensor units 50I, which is telemetrically connected 60 to the external receiver 75.” [0130], “As the receiver 75 should be positioned proximate to the sensor unit coil 58 (typically about 30 cm) for proper data transmission” [0131]);
wherein the power is transmitted inductively from the coil for wirelessly supplying power to the energy harvesting coil (“both the injectable and implantable versions 50I, 50, respectively, of the sensor units of the present invention, such as those shown in FIGS. 6 and 7, are inductively powered. That is, the monitoring system is configured to act as a transformer (with one coil on the surface of the patient's body and the second within the monitor) to couple and power the internally disposed sensors, as is well known to those of skill in the art and discussed briefly above” [0127]),
processing or visualizing the data, by the host device (“The sensor unit 50 is configured with a telemetry link 60 to wirelessly communicate with an externally located receiver 75. The receiver 75 includes a computer interface 76 and is operably associated with a physician interface module 80 such as a display monitor associated with a central processing unit, computer, or other computer means to allow physician access to the monitored data. As shown, the physician interface 80 is a laptop or other mobile/portable computer means to allow a physician instant access to the substantially real-time monitored tumor parameters.” [0071]),
wherein the auxiliary device is movable with respect to the host device and the implantable probe (“the receiver 75′ can be configured to be portable and sufficiently light weight to allow a user to wear it (attached to clothing or other supporting belts or suspenders or the like) such that it is in a desired proximity to the imbedded sensor unit(s) 50 to more easily provide semi-continuous or substantially continuous dynamic data tracking.” [0077]).
Scarantino does not specifically disclose that the coil for wirelessly supplying power and the energy harvesting coil operate in resonance, and that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe, and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance.
However, in a similar field of endeavor, Yeh teaches systems, devices, and methods that include wireless midfield transmitters and implantable receiver devices [Abstract].
Yeh also teaches that the coil for wirelessly supplying power and the energy harvesting coil operate in resonance, and that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe(“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance (“The circuitry 500 can include a tunable matching network 538 to set an impedance of the antenna 108 based on an input impedance of the circuitry 500. The impedance of the antenna 108 can change, for example, due to environmental changes. The tunable matching network 538 can adjust the input impedance of the circuitry 500 based on the varying impedance of the antenna 108. In one or more examples, the impedance of the tunable matching network 538 can be matched to the impedance of the antenna 108. In one or more examples, the impedance of the tunable matching network 538 can be set to cause a portion of a signal incident on the antenna 108 reflect back from the antenna 108, thus creating a backscatter signal.” [0172], “the first implantable device 600 can be situated in tissue. There can be some flexibility in adjusting an impedance affecting the antenna 108 in the implant environment, such as by digitally switching one or more capacitors or inductors into or out of an electrical path of the antenna 108 or by changing a digital value of a digitally controllable capacitor or other impedance-modulating device. This flexibility can allow optimization of the antenna impedance to accommodate variations in the implant environment over an operating frequency range, thereby optimizing energy transfer to the implantable device antenna or optimizing an integrity of communications between the implantable device and an external powering unit (EPU) or external device such as the source 102.” [0498]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with the coil for wirelessly supplying power and the energy harvesting coil operate in resonance, and that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe, and based on the monitored resonance state, maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 25, Scarantino discloses that the auxiliary device further comprises a housing with the antenna, the transmitter, and the coil inside the housing (“the receiver 75′ can be configured to be portable and sufficiently light weight to allow a user to wear it (attached to clothing or other supporting belts or suspenders or the like) such that it is in a desired proximity to the imbedded sensor unit(s) 50 to more easily provide semi-continuous or substantially continuous dynamic data tracking.” [0077]).
Regarding Claim 26, Scarantino discloses all limitations noted above except that the system is configured to maintain the energy harvesting coil of the implantable probe at resonance to improve energy transfer.
However, in a similar field of endeavor, Yeh teaches that the system is configured to maintain the energy harvesting coil of the implantable probe at resonance to improve energy transfer (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with the system is configured to maintain the energy harvesting coil of the implantable probe at resonance to improve energy transfer as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 27, Scarantino discloses all limitations noted above except that the implantable probe is configured to send a signal indicative of a change of transmission frequency to the auxiliary device, and the auxiliary device is configured to change transmission frequency according to the signal sent from the implantable probe.
However, in a similar field of endeavor, Yeh teaches that the implantable probe is configured to send a signal indicative of a change of transmission frequency to the auxiliary device, and the auxiliary device is configured to change transmission frequency according to the signal sent from the implantable probe (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with the implantable probe is configured to send a signal indicative of a change of transmission frequency to the auxiliary device, and the auxiliary device is configured to change transmission frequency according to the signal sent from the implantable probe as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 28, Scarantino discloses all limitations noted above except that the processing circuit of the implantable probe is configured to detect the resonance condition of the energy harvester coil and modify an impedance of a circuit based on the detected resonance condition.
However, in a similar field of endeavor, Yeh teaches that the processing circuit of the implantable probe is configured to detect the resonance condition of the energy harvester coil and modify an impedance of a circuit based on the detected resonance condition (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with the processing circuit of the implantable probe is configured to detect the resonance condition of the energy harvester coil and modify an impedance of a circuit based on the detected resonance condition as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 29, Scarantino discloses that the implantable probe further comprises a power management module to control at least one of energy harvesting, energy storage, and energy consumption (“the receiver circuit 4700 includes a DC-DC converter circuit 4752. The converter circuit 4752 can be configured to increase a voltage of a received signal from the rectifier circuit 4746, or from the first capacitor 4750, to provide another signal that is configured for electrostimulation or for operation of other circuitry inside the implantable device 110. The converter circuit 4752 can have multiple outputs, such as to serve first and second power domains. In an example, the first power domain is served by a low voltage capacitor 4753, or CVDDL, and the second power domain is served by a high voltage capacitor 4754, or CVDDH.” [0384]).
Regarding Claim 32, Scarantino discloses all limitations noted above except that actively monitoring the resonance state comprises determining a resonance condition of a circuit including the energy harvesting coil based on an amount of energy harvested from the energy-containing electromagnetic signal.
However, in a similar field of endeavor, Yeh teaches actively monitoring the resonance state comprises determining a resonance condition of a circuit including the energy harvesting coil based on an amount of energy harvested from the energy-containing electromagnetic signal (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with actively monitoring the resonance state comprises determining a resonance condition of a circuit including the energy harvesting coil based on an amount of energy harvested from the energy-containing electromagnetic signal as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 33, Scarantino discloses all limitations noted above except that maintaining the resonance state comprises the processing circuit actively controlling the impedance by controlling at least one switch to selectively connect an additional capacitance and/or an additional inductance in series with or in parallel to the circuit including the energy harvesting coil.
However, in a similar field of endeavor, Yeh teaches maintaining the resonance state comprises the processing circuit actively controlling the impedance by controlling at least one switch to selectively connect an additional capacitance and/or an additional inductance in series with or in parallel to the circuit including the energy harvesting coil (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with maintaining the resonance state comprises the processing circuit actively controlling the impedance by controlling at least one switch to selectively connect an additional capacitance and/or an additional inductance in series with or in parallel to the circuit including the energy harvesting coil as taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Regarding Claim 34, Scarantino discloses all limitations noted above except that maintaining the resonance state comprises changing a transmission frequency of the energy-containing electromagnetic signal transmitted by the coil of the auxiliary device for wirelessly supplying power to the implantable probe.
However, in a similar field of endeavor, Yeh teaches maintaining the resonance state comprises changing a transmission frequency of the energy-containing electromagnetic signal transmitted by the coil of the auxiliary device for wirelessly supplying power to the implantable probe (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino as outlined above with maintaining the resonance state comprises changing a transmission frequency of the energy-containing electromagnetic signal transmitted by the coil of the auxiliary device for wirelessly supplying power to the implantable probeas taught by Yeh, because it optimizes energy transfer to the implantable device antenna [0498].
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Scarantino in view of Yeh as applied to Claim 1 above, and further in view of Dekker et al (US20100042010A1; hereinafter referred to as Dekker).
Regarding Claim 17, Scarantino in view of Yeh discloses all limitations noted above except that the auxiliary device is suitable for being temporarily placed in a human or animal living being during a treatment session.
However, in a similar field of endeavor, Dekker teaches a local power-delivery/data-reception unit is installed within an insertion end of a sealed catheter [Abstract].
Dekkers also teaches that the auxiliary device is suitable for being temporarily placed in a human or animal living being during a treatment session (“The insertion end 170 includes a sensor 120, a tube or sheath 150, and a local power-delivery/data-reception (PDDR) unit 180. The sensor 120 measures or senses a property of a patient (e.g., fluid flow, oxygen, pressure, location, etc) and is capable of sending a data signal reflective of the measured or sensed property. The tube or sheath 150 encloses an electrode 160 which is one of an array of electrodes. The sheath 150 is long enough to be inserted through the patient's vein and fed in to reach a bodily organ, such as the heart. Accordingly, FIG. 1 shows a broken line. The local power-delivery/data-reception (PDDR) unit 180 is configured for wirelessly communicating with the sensor 120 including wirelessly emitting a signal that powers the sensor 120 and wirelessly receiving data signals sent from the sensor 120. A remote PDDR unit 190 is located within the handle 140 for communicating with the local PDDR unit 180” [0019]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino in view Yeh as outlined above with the auxiliary device is suitable for being temporarily placed in a human or animal living being during a treatment session as taught by Dekker, because it is capable of sending a data signal reflective of the measured or sensed property [0019].
Regarding Claim 18, Scarantino in view of Yeh discloses all limitations noted above except that the auxiliary device comprises a surgical instrument or a position sensor.
However, in a similar field of endeavor, Dekker teaches the auxiliary device comprises a surgical instrument or a position sensor (“The insertion end 170 includes a sensor 120, a tube or sheath 150, and a local power-delivery/data-reception (PDDR) unit 180. The sensor 120 measures or senses a property of a patient (e.g., fluid flow, oxygen, pressure, location, etc) and is capable of sending a data signal reflective of the measured or sensed property. The tube or sheath 150 encloses an electrode 160 which is one of an array of electrodes. The sheath 150 is long enough to be inserted through the patient's vein and fed in to reach a bodily organ, such as the heart. Accordingly, FIG. 1 shows a broken line. The local power-delivery/data-reception (PDDR) unit 180 is configured for wirelessly communicating with the sensor 120 including wirelessly emitting a signal that powers the sensor 120 and wirelessly receiving data signals sent from the sensor 120. A remote PDDR unit 190 is located within the handle 140 for communicating with the local PDDR unit 180” [0019]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino in view Yeh as outlined above with the auxiliary device comprises a surgical instrument or a position sensor as taught by Dekker, because it is capable of sending a data signal reflective of the measured or sensed property [0019].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Scarantino in view of Yeh as applied to Claim 1 above, and further in view of Kesler et al (US20170054319A1; hereinafter referred to as Kesler).
Regarding Claim 20, Scarantino in view of Yeh discloses all limitations noted above except that further comprising a robot arm configured to hold and move the auxiliary device during surgery.
However, in a similar field of endeavor, Kesler teaches a wireless energy transfer apparatus configured to supply power for a load by receiving wirelessly transferred power from a source resonator [Abstract].
Kesler also teaches further comprising a robot arm configured to hold and move the auxiliary device during surgery (“the source resonator or the device resonator may be mounted on an articulating arm, or a moving or configurable extension as depicted in FIG. 19. The arm or moving extension 1902 may be configured to respond to positional changes of the robot, power demands, or efficiency of the wireless power transfer to reposition the source or the device to ensure that adequate levels of power are delivered to the robot.” [0181], “the movable arm or extension may be used in situations or configurations where there may be a positional offset, mismatch, later offset, or height offset between the source and the device. In embodiments the movable arm that houses or is used to position the source or device resonator may be computer controlled and may autonomously position itself to obtain the best power transfer efficiency.” [0181])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino in view Yeh as outlined above with further comprising a robot arm configured to hold and move the auxiliary device during surgery as taught by Kesler, because it may autonomously position itself to obtain the best power transfer efficiency [0181].
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Scarantino in view of Yeh as applied to Claim 1 above, and further in view of Altmann et al (US20070032960A1; hereinafter referred to as Altmann).
Regarding Claim 30, Scarantino in view of Yeh discloses all limitations noted above except that the at least one sensor comprises a position sensor configured to sense a signal from a position tracking system, wherein the sensed signal is indicative of a position of the implantable probe in space.
However, in a similar field of endeavor, Altmann teaches a method for transmitting control instructions to a sensor in a position tracking system [Abstract]
Altmann also teaches the at least one sensor comprises a position sensor configured to sense a signal from a position tracking system, wherein the sensed signal is indicative of a position of the implantable probe in space (“digital data is sent to the sensor unit from external field generators by modulating a control signal at an appropriate frequency that is not used for position sensing. The modulated control signal is combined with a drive signal that is normally used to drive the field generator. The position sensor and receiver circuits that are used for position sensing in the sensor unit receive the additional control signals as well. The sensor control unit digitizes, filters out and demodulates the control signal, to reproduce the transmitted digital data.” [0006], “the sensor units are fitted into tracked objects such as orthopedic implants, implantable devices, intrabody catheters and endoscopes, as well as into various medical and surgical tools.” [0008])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Scarantino in view Yeh as outlined above with the at least one sensor comprises a position sensor configured to sense a signal from a position tracking system, wherein the sensed signal is indicative of a position of the implantable probe in space as taught by Altmann, because it the sensor unit may be made smaller, lower in cost and more reliable [0005].
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Scarantino in view of Yeh and further in view of Altmann as applied to Claim 30 above, and further in view of Kesler.
Regarding Claim 31, Scarantino in view of Yeh discloses all limitations noted above except that the position sensor comprises at least one electromagnetic sensor configured to cooperate with an external electromagnetic field generator, wherein the electromagnetic sensor is configured to detect a property of the electromagnetic field and send it as an electric signal to the processing circuit, wherein the sensed signal of the position sensor is indicative of the position of the implantable probe with respect to the external electromagnetic field generator.
However, in a similar field of endeavor, Altmann teaches that the position sensor comprises at least one electromagnetic sensor configured to cooperate with an external electromagnetic field generator, wherein the electromagnetic sensor is configured to detect a property of the electromagnetic field and send it as an electric signal to the processing circuit, wherein the sensed signal of the position sensor is indicative of the position of the implantable probe with respect to the external electromagnetic field generator (“digital data is sent to the sensor unit from external field generators by modulating a control signal at an appropriate frequency that is not used for position sensing. The modulated control signal is combined with a drive signal that is normally used to drive the field generator. The position sensor and receiver circuits that are used for position sensing in the sensor unit receive the additional control signals as well. The sensor control unit digitizes, filters out and demodulates the control signal, to reproduce the transmitted digital data.” [0006], “the sensor units are fitted into tracked objects such as orthopedic implants, implantable devices, intrabody catheters and endoscopes, as well as into various medical and surgical tools.” [0008], “Implants 26 and tool 24 contain miniature, wireless sensor units, which are described in detail hereinbelow. Each sensor unit comprises a position sensor that is designed to sense the magnetic field in its vicinity. The magnetic fields generated by location pads 34 induce currents in the position sensors of the sensor units fitted into tool 24 and implants 26. In response to the induced currents, signal processing and transmitter circuits in each sensor unit generate and transmit position signals that are indicative of the location and orientation of the implant or tool.” [0048])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Scarantino in view Yeh as outlined above with the position sensor comprises at least one electromagnetic sensor configured to cooperate with an external electromagnetic field generator, wherein the electromagnetic sensor is configured to detect a property of the electromagnetic field and send it as an electric signal to the processing circuit, wherein the sensed signal of the position sensor is indicative of the position of the implantable probe with respect to the external electromagnetic field generator as taught by Altmann, because it the sensor unit may be made smaller, lower in cost and more reliable [0005].
Scarantino in view Yeh and further in view of Altmann does not specifically disclose that the auxiliary device is further movable with respect to the external electromagnetic field generator, and the processing circuit of the implantable probe is configured to set an operating parameter based on a signal transmitted from the auxiliary device to the implantable probe.
However, in a similar field of endeavor, Kesler teaches that the auxiliary device is further movable with respect to the external electromagnetic field generator, and the processing circuit of the implantable probe is configured to set an operating parameter based on a signal transmitted from the auxiliary device to the implantable probe (“the source resonator or the device resonator may be mounted on an articulating arm, or a moving or configurable extension as depicted in FIG. 19. The arm or moving extension 1902 may be configured to respond to positional changes of the robot, power demands, or efficiency of the wireless power transfer to reposition the source or the device to ensure that adequate levels of power are delivered to the robot.” [0181], “the movable arm or extension may be used in situations or configurations where there may be a positional offset, mismatch, later offset, or height offset between the source and the device. In embodiments the movable arm that houses or is used to position the source or device resonator may be computer controlled and may autonomously position itself to obtain the best power transfer efficiency.” [0181])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Scarantino in view Yeh and further in view of Altmann as outlined above with the auxiliary device is further movable with respect to the external electromagnetic field generator, and the processing circuit of the implantable probe is configured to set an operating parameter based on a signal transmitted from the auxiliary device to the implantable probe as taught by Kesler, because it may autonomously position itself to obtain the best power transfer efficiency [0181].
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Scarantino in view of Yeh as applied to Claim 1 above, and further in view of Wissenwasser et al (US20180001090A1; hereinafter referred to as Wissenwasser).
Regarding Claim 35, Scarantino in view of Yeh discloses all limitations noted above except that the inductive communication comprises magnetic resonance communication using a modulation around a resonance mode of the antenna coil of the implantable prove and the antenna coil of the auxiliary device.
However, in a similar field of endeavor, Wissenwasser teaches an implantable processor arrangement described for an active implantable medical device [Abstract].
Wissenwasser also teaches that the inductive communication comprises magnetic resonance communication using a modulation around a resonance mode of the antenna coil of the implantable prove and the antenna coil of the auxiliary device (“the processor CPU1 configures the communications coil arrangement for conventional peridermal communication to receive signals transmitted by an external communications coil placed on the skin of the patient immediately over the implanted L1 coil of the communications coil arrangement. Parallel tank L1-C1 has a resonance frequency that is preferably the same as the frequency of the communications signal transmitted by the external coil. The received signal developed by L1-C1 is rectified by CR1 and passes through closed switch S4 over filtering capacitor C4 to power regulator PR1, which charges the implant battery B1. The data component of the received signal is picked up at L1-C1 and capacitively coupled to an conventional known receiver module (not shown, e.g. an envelope-detector) connected to the implant processor CPU1 which develops the stimulation signals for output to the other implanted components such as to the stimulation contacts on a cochlear implant electrode array. The receiver may be realized by closing switch S5 and utilizing Amplifier A2. The remaining control switches S2 and S3 are open in the normal operations mode to remove their associated components from operation of the implant. In one embodiment, control switch S1 and load resistor R1 are implemented to provide conventional load modulation-based telemetry functionality. In a further embodiment, the conventional load modulation-based telemetry function is implemented with capacitor C2 and switch S2. This has the further advantage that then there is no need to have the load resistor R1 and switch S1, but only capacitor C2 and switch S2 are needed.” [0017]
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Scarantino in view Yeh as outlined above with that the inductive communication comprises magnetic resonance communication using a modulation around a resonance mode of the antenna coil of the implantable prove and the antenna coil of the auxiliary device as taught by Kesler, because it allows for the freedom of the physician/surgeon to manipulate the implant, e.g. optimizing the implant or electrode position while the implant is operating. [0004].
Response to Arguments
Applicant's arguments filed 01/27/2026 have been fully considered but they are not persuasive.
Regarding the U.S.C. rejection of Claim 1 the applicant argues the following:
Turning now to Yeh, Yeh is directed to what Yeh calls "midfield" powering, which Yeh characterizes as creating a propagating field in tissue from an external source located at a tissue surface. However, it is observed that the term "midfield" is not a generally adopted, standard term of art in classical electromagnetic communications practice; rather, Yeh uses this coined terminology to describe a coupling concept that is based on propagating modes in tissue, i.e. a wave-propagation approach, rather than an inductive coil-to-coil coupling approach. Yeh-10-distinguishes its approach from conventional near-field inductive coupling by stating, in substance, that energy transfer in its approach is "primarily carried in propagating modes" inside tissue rather than being limited by intrinsic near-field decay. Yeh's emphasis is, therefore, on engineered RF field propagation in tissue (and the associated dependency on tissue dielectric properties), rather than a transformer-like inductive power transfer mechanism between two coils operating predominantly by magnetic induction in resonance.
The claimed inductive energy transfer is advantageous for the implantable probe, among others because on the air-to-tissue/water interface, the relative permittivity (dielectric constant) Er, causes losses in the strength of propagating (electric) waves taught by Yeh, whereas magnetic/inductive waves pass almost unaffected by virtue of the similar relative permeability [tr of air and tissue/water. Yeh sticks to propagating waves, whereas the presently claimed system employs maintained resonance between inductively coupled coils to overcome the problem of the intrinsic near-field decay identified by Yeh. Thus, the claimed system defines a different solutionnot taught by Yeh.
The Office Action relies on Yeh's tuning disclosure (see Office Action, page 7, citing p.134 of Yeh) as allegedly teaching the resonance monitoring/maintenance limitations. However, the cited Yeh passage concerns assessing whether tuning of circuitry is "accurate or sufficient" based on amplitude and/or timing of transmissions, and adjusting "a capacitance, resistance, or inductance" to change an impedance characteristic. It is respectfully submitted that this is materially different from the presently claimed subject matter. First of all, this assessment described in Yeh can be understood as an a priori optimization procedure before use (e.g. during manufacturing of the devices). Moreover, amended claim 1 requires that the system transfers energy inductively between a power coil and an energy harvesting coil operating in resonance, and that the system actively monitors a resonance state of at least one of the relevant coils and actively maintains resonance by controlling resonance impedance and/or stimulation frequency to come back into resonance. Thus, the claim defines an active control during the operational use of the system with the implanted probe. Yeh's cited "tuning sufficiency" description does not disclose this specific resonant inductive energy-transfer architecture, nor does it disclose a closed-loop resonance maintenance of the inductive power link between an auxiliary coil and an implanted harvesting coil.
On page 133, lines 13-18 of Yeh read: "In the example of FIGS. 113 and 114, an external power unit 1302 can include a midfield power device or transmitter, such as the source 102. While circuitry of the external power unit 1302 is generally described for midfield powering embodiments, a two-part proximal assembly packaging strategy (e.g., a device that includes a circuitry housing 606 and an antenna housing 610) can also be applicable to inductive near-field, far-field, capacitively coupled, and or ultrasonically powered implantable devices as well. " It is respectfully observed that this passage merely extends the "two-part proximal assembly packaging strategy" to other implementations, such as capacitively coupled or ultrasonically powered implantable devices. This passage does not extend any of Yeh's discussion on "midfield" transmission techniques to such capacitively coupled or ultrasonically powered implantable devices. Rather, this passage presents capacitively coupled or ultrasonically powered implantable devices as alternatives to the "midfield" powering embodiments.
Moreover, the Office Action's reliance on Yeh's generic reference to "NFC components" is not a teaching of the specific resonant inductive coupling required by amended claim 1. That NFC remark appears in a section describing highly generic "machine"/computing hardware and does not describe an implantable probe and an auxiliary device whose coils are operated as a resonant inductive power link with active resonance-state monitoring and maintenance. A generic statement that any computing device may include NFC components is not a disclosure of the presently claimed technical arrangement.
In response to applicant's argument that the claimed system defines a different solution not taught by Yeh, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
It is also noted that Yeh does disclose that the system is configured to: actively monitor a resonance state of the energy harvesting coil and the coil for wirelessly supplying power to the implantable probe (“the present subject matter can include a method for configuring a wireless power transmitter, the wireless power transmitter including a signal generator coupled to an antenna, and a tuner circuit configured to influence a resonant frequency of the antenna.” [0009], “the external source 102 provides a midfield signal 131 including power and/or data signals to the implantable device 110. The midfield signal 131 includes a signal (e.g., an RF signal) having various or adjustable amplitude, frequency, phase, and/or other signal characteristics.” [0150], “The circuitry 500 can include a power meter 542 for detecting an amount of received power at the implanted device. A signal that indicates power from the power meter 542 can be used by a digital controller 548 to determine whether received power is adequate (e.g., above a specified threshold) for the circuitry to perform some specified function. A relative value of a signal produced by the power meter 542 can be used to indicate to a user or machine whether an external device (e.g., the source 102) used to power the circuitry 500 is in a suitable location for transferring power and/or data to the target device.” [0174], “the example of FIG. 28 can include using circuitry on-board an implanted midfield device to measure a value of a power signal received at the implanted midfield device, and then sending information about the measured value back to the transmitter, such as using a modulated and encoded backscatter signal or using another channel for data communication. The information received by the transmitter can be used, for example, to update or adjust a transmission signal characteristic, such as to enhance a power signal transmission and reception efficiency.” [0293]),
and based on the monitored resonance state maintain the resonance state by actively controlling a resonance of the energy harvesting coil and actively controlling a resonance impedance or a stimulation frequency of the coil for wirelessly supplying power to the implantable probe to come back into resonance (“The circuitry 500 can include a tunable matching network 538 to set an impedance of the antenna 108 based on an input impedance of the circuitry 500. The impedance of the antenna 108 can change, for example, due to environmental changes. The tunable matching network 538 can adjust the input impedance of the circuitry 500 based on the varying impedance of the antenna 108. In one or more examples, the impedance of the tunable matching network 538 can be matched to the impedance of the antenna 108. In one or more examples, the impedance of the tunable matching network 538 can be set to cause a portion of a signal incident on the antenna 108 reflect back from the antenna 108, thus creating a backscatter signal.” [0172], “the first implantable device 600 can be situated in tissue. There can be some flexibility in adjusting an impedance affecting the antenna 108 in the implant environment, such as by digitally switching one or more capacitors or inductors into or out of an electrical path of the antenna 108 or by changing a digital value of a digitally controllable capacitor or other impedance-modulating device. This flexibility can allow optimization of the antenna impedance to accommodate variations in the implant environment over an operating frequency range, thereby optimizing energy transfer to the implantable device antenna or optimizing an integrity of communications between the implantable device and an external powering unit (EPU) or external device such as the source 102.” [0498]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure (US20100277003A1, US8634928B1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MALDONADO whose telephone number is 703-756-1421. The examiner can normally be reached 8:00 am-4:00 pm PST M-Th 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
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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