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 .
The amendment filed on April 17, 2026 has been received and considered. By this amendment, claim 1 is amended, claim 15 is cancelled, and claims 1-14 are now pending in the application.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on December 24, 2025 has/have been acknowledged and is/are being considered by the Examiner.
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.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Geroy (U.S. 2013/0053864).
1. (Currently Amended) An implantable electrode lead, comprising:
- at least one electrode pole, (see at least figure 4a, (15,18))
- at least one electrical conductor, which is electrically conductively connected to the at least one electrode pole, (see at least ¶46)
- at least one longitudinally extended electrical insulator (see at least ¶46 which teach insulated conductive wires)
the at least one electrical conductor -is helically wound in a first direction of rotation
about a longitudinal axis-of the electrode lead, and in that the at least one electrical
insulator is helically wound in a second direction of rotation, opposite to the first
direction of rotation, about the longitudinal axis, (see at least ¶52) and
the implantable electrode lead is configured to be screwed into human or animal tissue, wherein a braid comprising the helically wound at least one electrical conductor and the helically wound at least one electrical insulator is configured to transfer torque upon screwing the implantable electrode lead into said tissue. (see at least ¶55 which teaches is configured to be screwed into tissue using torque transfer, which aids during implantation)
2. (Currently Amended) The implantable electrode lead according to claim 1, wherein the implantable electrode lead comprises a further electrical conductor-helically wound in the first direction of rotation about the longitudinal axis}. (see at least figure 6a, (102) ¶54)
3. (Currently Amended) The implantable electrode lead according to claim 2, wherein the further electrical conductor is electrically conductively connected to a further electrode pole of the implantable electrode lead. (see at least ¶47 which teaches electrodes connected to each conductor)
4. (Currently Amended) The implantable electrode lead according to 7, wherein the implantable electrode lead comprises a further electrical insulator -helically wound in the second direction of rotation about the longitudinal axis. (see at least figure 6a, (104))
5. (Currently Amended) The implantable electrode lead according 1, wherein the respective electrode pole -is a ring electrode. (see at least ¶47)
6. (Currently Amended) The implantable electrode lead wherein the respective electrical conductor is a rope comprising a plurality of strands. (see at least ¶56)
7. (Currently Amended) The implantable electrode lead according to claim 6, wherein the
respective strand -comprises at least one wire. (see at least ¶56)
8. (Currently Amended) The implantable electrode lead according to claim 6, wherein the respective rope comprises seven strands, the respective strand -comprising seven twisted wires. (see at least figure 6c,7a, ¶56)
10. (Currently Amended) The implantable electrode lead according to claim 6, wherein the respective rope comprises 7 strands, the respective strand -comprising one wires. (see at least figure 6c,7a, ¶56)
11. (Currently Amended) The implantable electrode lead according to 4 , wherein the respective wire comprises or is formed out a material selected from the list comprised of: Silver, an alloy comprising nickel and cobalt, MP35N. (see at least ¶57)
12. (Currently Amended) The implantable electrode lead according to 7 wherein the respective wire comprises a core comprising a first metal and a sheath surrounding the core, the sheath being formed out of a different second metal. (see at least ¶57,58)
13. (Currently Amended) The implantable electrode lead according to 6 wherein the respective rope is covered with an electrically insulating cladding. (see at least ¶56)
14. (Currently Amended) The implantable electrode lead according to 1 , wherein the implantable electrode lead comprises an electrically insulating layer. (see at least ¶53)
Response to Arguments
Applicant's arguments filed April 17, 2026 have been fully considered but they are not persuasive. Applicant argues that Geroy fails to disclose that its lead body is configured to be screwed into tissue or that it includes a braid. It is respectfully submitted that the recitation in paragraph [0055] of “Configuring the coils 102, 104 as opposing helical coils also enhances torque transfer by the lead body 86. The increase torque transfer aids during implantation of the therapy delivery element 14.” is a disclosure of twisting or screwing of the lead body during implantation. The implantation occurs inside the body and, thus, the twisting or screwing occurs in tissue. Furthermore, Applicant argues that there is no braiding in the Geroy device. However, Applicant fails to define what Applicant is considering a braid as claimed or how the Geroy differs from what is considered a braid. It is respectfully submitted that the description in Geroy of coils 102 and 104 as being “opposing helical coils” and the illustration of the coils in Figures 6A-7D illustrating coils which are overlapped. As such, it is respectfully submitted that the Geroy references satisfies the broadest reasonable interpretation for “a braid comprising the helically wound at least one electrical conductor and the helically wound at least one electrical insulator” as claimed. For at least the reasons given above, the rejection stands.
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 TAMMIE K MARLEN whose telephone number is (571)272-1986. The examiner can normally be reached Monday through Friday from 8 am until 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAMMIE K MARLEN/Primary Examiner, Art Unit 3796
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