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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 44-49, in the reply filed on 11/11/25 is acknowledged.
Claims 50-65 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/11/25.
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.
Claim(s) 44-49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by King (US 2001/0023367).
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Regarding claim 44, King discloses the same invention as claimed (Figures 2C, 2E, 4B-C shown above for example, including a neurostimulation lead (abstract), comprising: a body portion configured to transition from a collapsed delivery configuration to an expanded deployed configuration, wherein the body portion is in a rolled configuration while the body portion is in the collapsed delivery configuration (e.g. Figures 2C, 4C) and the body portion is an unrolled configuration while the body portion is in the expanded deployed configuration (Figure 2E) and to transition from the collapsed delivery configuration to the expanded deployed configuration, the body portion is configured to unroll (e.g. Figure 2C to 2E); and an array of electrodes is configured to be arranged on the body portion, wherein the array of electrodes is configured to be electrically coupled to an implantable pulse generator (Figure 2E).
Regarding claim 45, King discloses a delivery catheter with side slots as recited (Figures 4B-C).
Regarding claim 46, King discloses a central spine and side supports (Figure 2E).
Regarding claim 47, King discloses the body portion comprises a shape memory frame as recited (Paragraph 59).
Regarding claim 48, King discloses the body comprises an elastomeric sleeve as recited (Paragraphs 55, 59).
Regarding claim 49, King discloses the lead comprises first portions that are thicker and do not overlap as recited (e.g. Figures 2D-E: electrode portions).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pianca (US 2012/0143296) shows an unrolling paddle lead.
Kuzma (US 6,205,361) shows an unrolling lead.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eugene T Wu whose telephone number is (571)270-5053. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached at 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eugene T Wu/Primary Examiner, Art Unit 3796