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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 12/5/23; 11/5/25 has/have been acknowledged and is/are being considered by the Examiner.
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-2, 4, 12-14 and 17 in the reply filed on 1/28/26 is acknowledged.
Claims 18-19, 24, 27-30, 32-34, 38 and 42-43 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/28/26.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 4, 12-14 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "at least two lead electrodes" in line 10. This is vague as it is unclear if this is the at least two lead electrodes are the same or different from the at least one lead electrode of line 2. Further line 5 states that the pulse generator configured to generate anti-tachycardia pacing pulses to be delivered by the at least one electrode, while line 9 says that the pulse generator is configured to generate synchronized anti-tachycardia pacing pulses to be delivered via at least two lead electrodes. The language of the claim is unclear.
Claims 2, 4, 12-14 and 17 are rejected for inheriting the same deficiencies as claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 12 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (U.S. Pub. 2019/0054297 hereinafter “Zhang”).
Regarding claim 1, Zhang discloses an implantable cardiac device (e.g. Fig. 10; ¶¶ 17, 128-129) comprising: at least one lead electrode configured to contact intra-cardiac tissue (e.g. Fig. 10; 406, 411, 416; ¶129); a housing including circuitry for controlling and activating said at least one lead electrode (e.g. Fig. 10; 415; ¶135); and a pulse generator (e.g. Fig. 5; 84) configured to generate anti-tachycardia pacing pulses to be delivered by said at least one lead electrode (e.g. Fig. 10; 410, 415; ¶135); wherein an anti-tachycardia pacing pulse comprises at least one of: a duration of between 5-10 msec and an amplitude of between 5-10V (e.g. ¶¶ 67, 70, 71); and wherein said pulse generator is configured to generate synchronized anti- tachycardia pacing pulses to be delivered via at least two lead electrodes configured to be positioned in at least two different intra-cardiac locations (e.g. ¶¶ 81, 92).
Regarding claim 2, Zhang further discloses wherein said at least one lead electrode is configured to contact said intra-cardiac tissue located in one of the following is one of: the ventricular septum, the left ventricle wall, the right ventricle wall (e.g. Fig. 10; 417, 429; ¶¶130, 133).
Regarding claim 12, Zhang further discloses wherein said pulse generator is configured to generate said anti-tachycardia pacing pulses simultaneously (e.g. ¶83; [simultaneous]).
Regarding claim 17, Zhang further discloses wherein said pulse generator is configured to generate anti-tachycardia pacing pulses having different durations selected from between 5- 10msec (e.g. ¶¶67, 70-71 [duration between]).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claims 1-2, 12 and 17 above, and further in view of Ghanem et al. (U.S. Pat. 7,761,150 hereinafter “Ghanem”).
Regarding claim 4, Zhang discloses the claimed invention including determining the heart rate but fails to explicitly state that the system detecting a tachycardia episode when a heart rate is between 180-250 BPM. However, Ghanem teaches that it is known to use heart rate between 180-250 BPM as set forth in Column 14, lines 41-47 to provide a known means for determining tachycardia. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Zhang, with the tachycardia determination using heart rate as taught by Ghanem, since such a modification would provide the predictable results of using known methods for providing a well-known means for determining tachycardia.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claims 1-2, 12 and 17 above, and further in view of Burnes (U.S. Pub. 2004/0088014).
Regarding claims 13-14, Zhang discloses the claimed invention including providing synchronized pulses but fails to explicitly state that the system includes a time delay selected from the R-wave occurrences. However, Burnes teaches that it is known to use a delay determined from the R-wave difference as set forth in Abstract and Paragraphs 47-48 and 65 to provide a way to increase the effectiveness of the ATP therapy. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Zhang, with pacing delays determined from the R wave differences as taught by Burnes, since such a modification would provide the predictable results of increasing the effectiveness of the ATP therapy.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached Monday-Thursday 7:00AM-5:30PM.
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/REX R HOLMES/Primary Examiner, Art Unit 3796