DETAILED ACTION
This action is in response to the arguments filed 9/29/2025. Claims 1-25 are pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 9/29/2025 have been fully considered but they are not persuasive, in regards to applicant’s arguments directed towards the rejection of claim 1 under 35 U.S.C. 102(a)(1), as being anticipated by Sit et al (Sit et al, WO 2018/126062 A1), specifically, applicant argues that Sit does not disclose the claimed limitations of “the at least one communication circuit comprising: at least one core configured to be positioned within a cavity or region of the recipient’s body, the at least one core comprising a first portion and a second portion… and at least one electrically conductive coil encircling the first portion and configured to be positioned within the cavity or region.”, the cited paragraph 236 was primarily cited to teach the positioning of the implantable portion of the prior art, Sit further discloses in paragraph 71 “The one or more antennas 540 can transmit power and/or data to one or more antennas 240 of implantable system 20, such as when a single implantable device 200 comprises one or more antennas 240 or when multiple implantable devices 200 each comprise one or more antennas 240.”, as well as in paragraph 125, “One or more antennas 240 can comprise an antenna selected from the group consisting of: loop antenna; multiple-turn loop antenna; planar loop antenna; coil antenna; dipole antenna; electric dipole antenna; magnetic dipole antenna; patch antenna; loaded dipole antenna; concentric loop antenna; loop antenna with ferrite core; and combinations of one or more of these. One or more antennas 240 can comprise a loop antenna, such as an elongated loop antenna or a multiple-turn loop antenna”, The above quotations teach an internal antenna system intended to communicate with the external system utilizing a variety of antenna types, including a coil antenna, FIG. 6 further displays the implantable device, Paragraphs 300 and 301 further describing the embodiment as shown in FIG. 6, displaying separate portions of the core, implanted within a recipient, further possessing an antenna which as described above may include a coil antenna, which would necessarily include a conductive coil encircling the antenna portion within the cavity. It is for the above reasonings that the rejection of claim 1 under 35 U.S.C. 102(a)(1) is maintained.
in regards to applicant’s arguments directed towards the rejection of claim 9 under 35 U.S.C. 102(a)(2), as being anticipated by Haubrich, (US Publication No. 2019/0320269), Applicant argues that Haubrich does not disclose the limitations of “the at least one antenna comprising: a first magnetic pole surface configured to be facing in a direction substantially towards the implanted device; and a second magnetic pole surface configured to be facing substantially perpendicular to the direction.”, while FIG. 3 as displayed in applicant’s arguments displays one antenna configuration that has the pole surfaces facing towards each other, Figures 5a-5d show alternate antenna configurations that may be utilized in the structure as displayed in FIG. 3, FIG. 5a in particular displays an antenna comprising two ends that if utilized in the embodiment of FIG. 3, would be facing towards the opposing device, Paragraph 44 further clarifies “The core of a directional magnetic antenna of the present disclosure can have a variety of complex shapes. In some embodiments, the core 500 can have a C-shape, as is shown in the embodiment of FIG. 5A. In other embodiments, the core 502 can have a U-shape, as is shown in the embodiment of FIG. 5B. In further embodiments, the core 504 can have a horseshoe shape, as is shown in the embodiment of FIG. 5C. In some embodiments, the core 506 can have an L-shape, as is shown in the embodiment of FIG. 5D. It is understood that the core of a directional magnetic antenna of the present disclosure can have a complex shape differing from those disclosed herein.”, the above teachings further clarify the utilization of an antenna utilizing 2 magnetic pole surfaces configured to be facing in the directions as described by the claim limitations. It is for the above reasoning that the rejection of claim 9 under 35 U.S.C. 102(a)(2) is maintained.
in regards to applicant’s arguments directed towards the rejection of claim 19 under 35 U.S.C. 102(a)(2), as being anticipated by Haubrich, (US Publication No. 2019/0320269), Applicant argues that Haubrich does not teach the claimed limitation of “the second magnetic pole surface substantially perpendicular to the first magnetic pole surface”, Similarly to claim 9, FIG. 5D appears to display an antenna with two pole pieces, extending in an approximately ninety degree orientation with respect to each other, and as such would be further teaching the two pole surfaces being substantially perpendicular to each other. It is for the above reasoning the rejection of claim 19 under 35 U.S.C. 102(a)(2) is maintained.
It is for the above reasonings that the rejections of claims 1-2, 5, and 7-8 under 35 U.S.C. 102(a)(1), Claims 9-20 under 35 U.S.C. 102(a)(2), and claims 3, 4, 6, and 21-25 under 35 U.S.C. 103 are maintained.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 5, 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sit et al, WO 2018/126062 A1.
Regarding Claim 1, Sit teaches, An apparatus comprising: at least one communication circuit configured to receive transducer output signals generated by at least one transducer (See Paragraph 74, “One or more external devices 500 (singly or collectively external device 500) can be configured to transmit power and/or data (e.g., implantable system 20 configuration data) to one or more implantable devices 200… Each external device 500 can further comprise one or more functional elements 560, such as a functional element comprising a sensor, electrode, energy delivery element, a magnetic-field generating transducer, and/or any transducer, also described in detail here below.”), to generate communication signals in response to the transducer output signals (See Paragraph 65, “In some embodiments, apparatus 10 is configured such that external system 50 transmits data (e.g., data and power) to implantable system 20, and implantable system 20 recovers (e.g., decodes, demodulates or otherwise recovers) the transmitted data without synchronizing to the carrier and/or data symbol rate of the transmitted signal from external system 50.”), and to inductively communicate the communication signals to at least one device implanted on or within a recipient (See Paragraph 278, “In some embodiments, external device 500 wirelessly transmits data (e.g., programming commands) through the patient's skin, to one or more implantable devices 200 that have been implanted. In some embodiments, external device 500 wirelessly transmits power (e.g., via an RF signal or inductive coupling) through the patient's skin to one or more implantable devices 200 that have been implanted”), the at least one communication circuit comprising: at least one core configured to be positioned within a cavity or region of the recipient's body (See Paragraph 236, “In some embodiments, the trigeminal and pterygopalatine ganglia are accessed by inserting one or more leads 265 through the face or the roof of the mouth. In these embodiments, housing 210 can be placed anywhere in the head under the skin, as described herein.”), the at least one core comprising a first portion and a second portion (FIG. 3), the first portion extending along a longitudinal axis (FIG. 3) and the second portion extending outwardly from the first portion (FIG. 2D) and substantially perpendicular to the longitudinal axis (Paragraph 274); and at least one electrically conductive coil encircling the first portion and configured to be positioned within the cavity or region (Paragraph 260).
Regarding Claim 2, Sit teaches all the limitations of claim 1, and further teaches, a housing configured to be positioned within the cavity or region, the at least one core and the at least one electrically conductive coil positioned on or within the housing (See Paragraph 75, “One or more housings 510 (singly or collectively housing 510) of each external device 500 can comprise one or more rigid and/or flexible materials which surround various components of external device 500 such as antenna 540, transmitter 530 and/or power supply 570 shown in Fig. 1.”).
Regarding Claim 5, Sit teaches all the limitations of claim 2, and further teaches, the at least one transducer and the at least one transducer is on or within the housing (See Paragraph 75, “One or more housings 510 (singly or collectively housing 510) of each external device 500 can comprise one or more rigid and/or flexible materials which surround various components of external device 500 such as antenna 540, transmitter 530 and/or power supply 570 shown in Fig. 1.”).
Regarding Claim 7, Sit teaches all the limitations of claim 2, and further teaches, wherein the first portion of the at least one core has a substantially circular cross-section in a plane substantially perpendicular to the longitudinal axis (See FIG. 2C/2D).
Regarding Claim 8, Sit teaches all the limitations of claim 1, and further teaches, wherein the first portion of the at least one core has a substantially obround cross-section in a plane substantially perpendicular to the longitudinal axis (See FIG. 2C/2D).
Claims 9-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Haubrich et al, US 2019/0320269.
Regarding Claim 9, Haubrich teaches, An apparatus comprising: at least one antenna configured to generate time-varying magnetic fields that inductively couple the at least one antenna to an implanted device on or within a recipient (Paragraph 23, “Ear-worn electronic devices of the present disclosure incorporate NFMI communication circuitry comprising a directional magnetic antenna coupled to an NFMI radio.”), the at least one antenna comprising: a first magnetic pole surface configured to be facing in a direction substantially towards the implanted device; and a second magnetic pole surface configured to be facing substantially perpendicular to the direction (Paragraph 31, “FIG. 2 illustrates an ear-worn electronic system comprising a pair of ear-worn electronic devices, each of which includes a directional magnetic antenna for establishing a magnetic communications link in accordance with various embodiments. The ear-worn electronic system 200 shown in FIG. 2 includes a left ear-worn electronic device 210 positioned at the left side 204 of a wearer's head 202 and a right ear-worn electronic device 240 positioned at the right side 206 of the wearer's head 202. The left ear-worn electronic device 210 includes a housing 211 having a first end 212 and an opposing second end 214. The housing 211 also includes a first side 216 and an opposing second side 218. The first side 216 of the housing 211 is configured to contact the left side 204 of the wearer's head 202. A battery 224 is disposed within the housing 211 proximate the first end 212. An acoustic receiver or an acoustic receiver connector 220 is disposed within the housing 211 proximate the second end 214.”, Paragraph 37, “The C-shaped core 321 includes a first portion 322 having a first longitudinal axis 322a, a second portion 324 having a second longitudinal axis 324a, and third portion 325 having third longitudinal axis 325a. The first longitudinal axis 322a is non-parallel (e.g., oblique, perpendicular) with respect to the second and third longitudinal axes 324a, 325a. The complex shape of the core 321 provides for increased strength of the magnetic field lines between the ends of the outwardly extending second and third portions 324, 325 and decreased strength of the magnetic field lines emanating from the closed portion 322 of the C-shaped core 321.”).
Regarding Claim 10, Haubrich teaches all the limitations of claim 9, and further teaches, wherein the at least one antenna comprises at least one core and at least one electrically conductive coil wound around at least a portion of the at least one core (Paragraph 38, “The right ear-worn electronic device 340 includes a directional magnetic antenna 350 comprising a core 351 and a coil 353 wound around a portion of the core 351.”).
Regarding Claim 11, Haubrich teaches all the limitations of claim 10, and further teaches, wherein the portion of the at least one core is substantially rotationally symmetric about the direction (FIG. 3/FIG. 4).
Regarding Claim 12, Haubrich teaches all the limitations of claim 10, and further teaches, wherein the portion of the at least one core has a first width in a first cross-sectional plane comprising the direction and a second width in a second cross-sectional plane comprising the direction and substantially perpendicular to the first cross-sectional plane, the second width greater than the first width (Paragraph 36, “For example, a core having a complex shape refers to a core comprising at least a first portion having a first longitudinal axis and a second portion having a second longitudinal axis, such that the first longitudinal axis is non-parallel with respect to the second longitudinal axis. A core having a complex shape can have a closed end, which is oriented toward the source of magnetic noise, and an open end, which is oriented away from the source of magnetic noise.”).
Regarding Claim 13, Haubrich teaches all the limitations of claim 11, and further teaches, wherein the at least one antenna is configured to be positioned within an ear canal of the recipient and the direction is substantially perpendicular to a longitudinal axis of the ear canal (FIG. 9, Paragraph 50, “FIG. 9 illustrates an ear-worn electronic device comprising a directional magnetic antenna in accordance with various embodiments. The ear-worn electronic device 900 shown in FIG. 9 is configured as a RIC device. The ear-worn electronic device 900 includes a housing 902 having a first end 904 and an opposing second end 906. A battery 910 is disposed within the housing 902 proximate the first end 904. An acoustic receiver connector 912 is disposed within the housing 902 proximate the second end 906. The receiver connector 912 is adapted to establish electrical connection with an acoustic receiver configured for placement within the wearer's ear canal.”).
Regarding Claim 14, Haubrich teaches all the limitations of claim 13, and further teaches, wherein the apparatus is an auditory prosthesis (Paragraph 25, “Ear-worn electronic devices of the present disclosure include hearables (e.g., wearable earphones, headphones, earbuds, virtual reality headsets), hearing aids (e.g., hearing instruments), cochlear implants, and bone-conduction devices, for example. Ear-worn electronic devices include, but are not limited to, behind-the-ear (BTE), in-the-ear (ITE), in-the-canal (ITC), invisible-in-canal (IIC), receiver-in-canal (RIC), receiver-in-the-ear (RITE) or completely-in-the-canal (CIC) type hearing devices or some combination of the above.”) comprising at least one microphone, the at least one antenna configured to be positioned within an ear canal of the recipient (Paragraph 52, “An electronic circuit board 1016 is disposed within the housing 1002 and supports or is coupled to various electronics 1014, including microphones 1018, 1020, micro-switches 1024, 1025, RF (e.g., 2.4 GHz) antenna 1022 and radio, DSP, and NFMI radio, among other components. A directional magnetic antenna 1040 is situated proximate the battery 1010 and partially encompasses the battery 1010.”).
Regarding Claim 15, Haubrich teaches all the limitations of claim 14, and further teaches, wherein the implanted device comprises at least one of: an electrode array, a middle ear actuator, a direct acoustic cochlear implant actuator, and a bone conduction actuator (Paragraph 25, “Ear-worn electronic devices of the present disclosure include hearables (e.g., wearable earphones, headphones, earbuds, virtual reality headsets), hearing aids (e.g., hearing instruments), cochlear implants, and bone-conduction devices, for example. Ear-worn electronic devices include, but are not limited to, behind-the-ear (BTE), in-the-ear (ITE), in-the-canal (ITC), invisible-in-canal (IIC), receiver-in-canal (RIC), receiver-in-the-ear (RITE) or completely-in-the-canal (CIC) type hearing devices or some combination of the above.”).
Regarding Claim 16, Haubrich teaches all the limitations of claim 11, and further teaches, wherein the first magnetic pole surface is convex (FIG. 5A-D).
Regarding Claim 17, Haubrich teaches all the limitations of claim 11, and further teaches, wherein the at least one antenna further comprises a convex surface that is opposite to the first magnetic pole surface (Paragraph 32, “A directional magnetic antenna 226 is situated proximate the first end 212 of the housing 211. Situating the directional magnetic antenna 226 near the first end 212 serves to spatially separate the antenna 226 from internal magnetic noise sources within the housing 211. According to various embodiments, the directional magnetic antenna 226 includes a core having a complex shape, allowing the directional magnetic antenna 226 to preferentially interact with the magnetic field in one direction versus another (see, e.g., FIGS. 3 and 4).”).
Regarding Claim 18, Haubrich teaches all the limitations of claim 11, and further teaches, wherein the at least one antenna is tapered along the direction (FIG. 9).
Regarding Claim 19, Haubrich teaches A method comprising: generating a time-varying magnetic field between a first magnetic pole surface and a second magnetic pole surface of a first device positioned on or within a recipient's body (Paragraphs 23 and 24 discuss the usage of antennas to develop magnetic communications between devices), the second magnetic pole surface substantially perpendicular to the first magnetic pole surface (Paragraph 37, “The C-shaped core 321 includes a first portion 322 having a first longitudinal axis 322a, a second portion 324 having a second longitudinal axis 324a, and third portion 325 having third longitudinal axis 325a. The first longitudinal axis 322a is non-parallel (e.g., oblique, perpendicular) with respect to the second and third longitudinal axes 324a, 325a.”); receiving, at an implanted second device within the recipient's body, at least a portion of the time-varying magnetic field (Paragraph 36, “A core having a complex shape can have a closed end, which is oriented toward the source of magnetic noise, and an open end, which is oriented away from the source of magnetic noise. The core is oriented to reduce induced voltages from noisy magnetic fields while not attenuating induced voltages from desired (e.g., signal) magnetic fields.”); and controlling operation of the implanted second device in response to the received portion of the time-varying magnetic field (Paragraph 24, “Representative electronic/digital sources (e.g., accessory devices) include an assistive listening system, a TV streamer, a radio, a smartphone, a laptop, a cell phone/entertainment device (CPED) or other electronic device that serves as a source of digital audio data or other types of data files. Ear-worn electronic devices of the present disclosure can be configured to effect bi-directional communication (e.g., wireless communication) of data with an external source, such as a remote server via the Internet or other communication infrastructure.”).
Regarding Claim 20, Haubrich teaches all the limitations of claim 99, and further teaches, wherein the first device comprises a transducer assembly within a cavity or region of the recipient's body or on the recipient's body (Paragraph 25, “Ear-worn electronic devices of the present disclosure include hearables (e.g., wearable earphones, headphones, earbuds, virtual reality headsets), hearing aids (e.g., hearing instruments), cochlear implants, and bone-conduction devices, for example. Ear-worn electronic devices include, but are not limited to, behind-the-ear (BTE), in-the-ear (ITE), in-the-canal (ITC), invisible-in-canal (IIC), receiver-in-canal (RIC), receiver-in-the-ear (RITE) or completely-in-the-canal (CIC) type hearing devices or some combination of the above.”).
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.
Claims 3, 4, and 6 are rejected under U.S.C. 103 as being unpatentable over Sit et al, WO 2018/126062 A1 in view of Haubrich et al, US 2019/0320269 A1.
Regarding Claim 3, Sit teaches all the limitations of claim 2, but does not further teach wherein the housing comprises a non- magnetic material.
However, Haubrich, in a similar invention in the same field of endeavor teaches wherein the housing comprises a non- magnetic material (Paragraph 46, “FIG. 7 shows another embodiment of a directional magnetic antenna having a core comprising existing high permeability components in the ear-worn electronic device. In the embodiment shown in FIG. 7, an ear-worn electronic device 700 includes an acoustic receiver 702, shielded electronics 704, unshielded electronics 706, and a battery 708. The shielded electronics 704 are enclosed in a housing comprising magnetic shielding material, such as mu-metal.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of a non-magnetic housing material, as taught by Haubrich, with the system taught by Sit. The motivation being to improve signal quality with less feedback.
Regarding Claim 4, Sit teaches all the limitations of claim 2, but does not further teach wherein the cavity or region comprises an ear canal of the recipient's body and the housing is configured to be positioned within the ear canal with the longitudinal axis of the first portion of the at least one core pointing towards an inner surface of the ear canal.
However, Haubrich, in a similar invention in the same field of endeavor teaches, wherein the cavity or region comprises an ear canal of the recipient's body and the housing is configured to be positioned within the ear canal with the longitudinal axis of the first portion of the at least one core pointing towards an inner surface of the ear canal (FIG.9, Paragraph 50, “The receiver connector 912 is adapted to establish electrical connection with an acoustic receiver configured for placement within the wearer's ear canal. An electronic circuit board 916 is disposed within the housing 902 and supports or is coupled to various electronics 914, including microphones 918, 920, a micro-switches 924, 925, RF (e.g., 2.4 GHz) antenna 922 and radio, DSP, and NFMI radio, among other components.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the cavity or region comprises an ear canal, and the housing is positioned within said ear canal, as taught by Haubrich, with the system taught by Sit. The motivation being to implement the system within a known embodiment.
Regarding Claim 6, Sit teaches all the limitations of claim 2, but does not further teach, wherein the at least one transducer comprises a microphone configured to respond to sound by generating the transducer output signals, the transducer output signals indicative of the sound.
However, Haubrich, in a similar invention in the same field of endeavor teaches, wherein the at least one transducer comprises a microphone configured to respond to sound by generating the transducer output signals, the transducer output signals indicative of the sound (Paragraph 50, “FIG. 9 illustrates an ear-worn electronic device comprising a directional magnetic antenna in accordance with various embodiments.”, “The receiver connector 912 is adapted to establish electrical connection with an acoustic receiver configured for placement within the wearer's ear canal. An electronic circuit board 916 is disposed within the housing 902 and supports or is coupled to various electronics 914, including microphones 918, 920,)”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of a microphone configured to respond to sound by generating transducer output signals, indicating a sound, as taught by Haubrich, with the system taught by Sit. The motivation being to implement a microphone in a manner known within hearing aid systems.
Claims 21-25 are rejected under U.S.C. 103 as being unpatentable over Haubrich et al, US 2019/0320269 A1 in view of Sit et al, WO 2018/126062 A1.
Regarding Claim 21, Haubrich teaches all the limitations of claim 19, but does not further teach, wherein controlling operation comprises switching the implanted second device between multiple operational states.
However, Sit in a similar invention in the same field of endeavor teaches, wherein controlling operation comprises switching the implanted second device between multiple operational states (See Paragraph 171, “Apparatus 10 can comprise a device configured to operate (e.g., temporarily operate) one or more implantable devices 200, such as trialing interface 80 shown in Fig. 1. Trialing interface 80 can be configured to deliver power to an implantable device 200, deliver data to an implantable device 200, and/or receive data from an implantable device 200.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teachings of switching between multiple operational states based upon the controlling operation, as taught by Sit, with the system as taught by Haubrich. The motivation being to allow for a more modular functionality within the system, and giving further control in a remote system.
Regarding Claim 22, Haubrich teaches all the limitations of claim 19, but does not further teach, wherein the time-varying magnetic field is indicative of data, the method further comprises determining the data from the received portion of the time-varying magnetic field, and said controlling operation comprises using the data for information and/or commands for operating within an operational state of the implanted second device.
However, Sit in a similar invention in the same field of endeavor teaches, wherein the time-varying magnetic field is indicative of data, the method further comprises determining the data from the received portion of the time-varying magnetic field, and said controlling operation comprises using the data for information and/or commands for operating within an operational state of the implanted second device (See Paragraph 8, “According to an aspect of the inventive concepts, a medical apparatus for a patient comprises an external system and an implantable system. The external system can be configured to transmit one or more transmission signals, each transmission signal comprising at least power or data. The implantable system can be configured to receive the one or more transmission signals from the external system. The external system comprises a first external device comprising: at least one external antenna configured to transmit a first transmission signal to the implantable system, the first transmission signal comprising at least power or data;”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teachings of data indicated by the magnetic field, and using said data within the function of the controlling operation, as taught by Sit, with the system as taught by Haubrich. The motivation being to allow for a more modular functionality within the system, and giving further control in a remote system.
Regarding Claim 23, Haubrich in view of Sit teaches all the limitations of claim 22, and Sit further teaches, wherein the implanted second device comprises a stimulation assembly configured to apply stimulation signals to a corresponding portion of the recipient's body and said controlling operation comprises adjusting the stimulation signals (See Paragraph 52, “The present inventive concepts include a medical apparatus and clinical methods for treating a patient, such as to treat pain. The patient can be a human or other mammalian patient. The medical apparatus can comprise a stimulation apparatus. The medical apparatus can comprise an implantable system and an external system. The implantable system can comprise one or more similar and/or dissimilar implantable devices. Each implantable device can comprise one or more implantable antennas configured to receive power and/or data. Each implantable device can comprise an implantable receiver configured to receive the power and/or data from the one or more implantable antennas. Each implantable device can comprise one or more implantable functional elements.”).
Regarding Claim 24, Haubrich teaches all the limitations of claim 19, but does not further teach, wherein the time-varying magnetic field is configured to transmit power from the first device to the second device.
However, Sit in a similar invention in the same field of endeavor teaches, wherein the time-varying magnetic field is configured to transmit power from the first device to the second device (See Paragraph 53, “Each implantable device can comprise an implantable controller configured to control (e.g., modulate power to, send a signal to and/or receive a signal from) the one or more implantable functional elements. In some embodiments, an implantable controller of a first implantable device is configured to control one or more other implantable devices. Each implantable device can comprise an implantable energy storage assembly configured to provide power to the implantable controller (e.g., a controller comprising a stimulation waveform generator),”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teachings of the magnetic field transmitting power between the devices, as taught by Sit, with the system as taught by Haubrich. The motivation being to allow for the system to operate for extended periods without needing to be removed.
Regarding Claim 25, Haubrich teaches all the limitations of claim 19, but does not further teach wirelessly receiving second data from the implanted second device and controlling operation of the first device in response to the second data.
However, Sit in a similar invention in the same field of endeavor teaches, wirelessly receiving second data from the implanted second device and controlling operation of the first device in response to the second data (See Paragraph 84, “performance parameters selected from the group consisting of: implantable device 200 operation depth; polarization; power efficiency; a radiation footprint; directional gain; beam shaping and/or focusing; sensitivity to implantable device 200 placement; patient comfort; patient usability; data transfer; and combinations of one or more of these. In some embodiments, the first antenna 540 can be optimized for a different design parameter than the second antenna 540, and each antenna 540 can be activated independently or simultaneously to realize both benefits.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the teachings of second data being received and controlling operation of the first device in response, as taught by Sit, with the system as taught by Haubrich. The motivation being to allow for the systems to communicate between each other in a manner that enhances the functionality in both.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN M NEECE whose telephone number is (703)756-1941. The examiner can normally be reached 10am - 7pm.
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/DYLAN MAGUIRE NEECE/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/ Supervisory Patent Examiner, Art Unit 2692
Prosecution Insights