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 .
Status of Claims
Applicant's arguments, filed 04/21/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 04/21/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1, 2, 17, 22, 23, and 39.
Applicants have left claims 3-16, 18-21, 24-38, 40, and 41 as originally filed/previously presented.
Applicants have canceled/previously canceled claims 42-50.
Applicants have introduced new claims 51 and 52.
Claims 1-41, 51, and 52 are the current claims hereby under examination.
Claim Rejections - 35 USC § 112 - Newly Applied Necessitated by Applicant’s Amendments
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.
Claim 2 is 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.
Regarding claim 2, lines 1-2 recite “the housing comprises one or more openings” and line 4 recites “the one or more openings in the housing”. However, claim 1, line 2 recites “a housing comprising one or more openings”. In light of the specification, it is currently unclear if the recitations in claim 1 and claim 2 of “one or more openings” in regards to the housing are the same, related, or different. For the purposes of examination, all recitations of “one or more openings” in regards to the housing are being interpreted as being the same.
Claim Rejections - 35 USC § 103 - Newly Applied Necessitated by Applicant’s Amendments
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-41, 51, and 52 are rejected under 35 U.S.C. 103 as being unpatentable over DeHennis et al. (US 20210298634 A1) (cited in the IDS filed 05/09/2023) (previously cited), hereinafter referred to as DeHennis, in view of Rich et al. (US 20020156417 A1) (previously cited), hereinafter referred to as Rich, in view of Barry et al. (US 20200330010 A1), hereinafter referred to as Barry.
The claims are generally directed towards an apparatus comprising: a housing comprising one or more openings; circuitry at least partially within the housing, wherein the circuity comprises first and second contact pads; a power source including first and second terminals; first and second electrically conductive leads connected electrically to the first and second terminals, respectively, of the power source; and a coupler attached to the power source, wherein at least a portion of the housing extends into the coupler, the coupler comprises one or more openings, and the first and second electrically conductive leads are capable of being laser welded to the first and second contact pads, respectively, of the circuitry through the one or more openings in the coupler with the coupler attached to the power source and at least the portion of the housing extending into the coupler.
Regarding claim 1, DeHennis discloses an apparatus (Abstract, Fig. 2A) comprising:
a housing comprising one or more openings (Fig. 2A, element 208, Fig. 2B, element 208a, para. [0032], “housing”, para. [0050], “open end of the housing …”);
circuitry at least partially within the housing, wherein the circuity comprises first and second contact pads (Fig. 2A, Fig. 3B, element 206, para. [0019], “circuity may include contact pads …”, para. [0037-0038], “implantable device may include one or more substrates … one or more substrates may be a circuit board … on which one or more of circuit components … may be mounted or otherwise attached …”, para. [0045]);
a power source including first and second terminals (Fig. 2A, element 202, para. [0032], “implantable device may include a power source …”, para. [0043], “power source may include a positive terminal … and a negative terminal …”);
first and second electrically conductive leads connected electrically to the first and second terminals, respectively, of the power source (Fig. 2B, element 228, element 230, para. [0044-0045], “electrically conductive connectors may electrically connect the positive and negative terminals, respectively, of the power source to the circuitry of the implantable device …”); and
a coupler attached to the power source (Fig. 2B, element 224, para, [0047], “the power source terminal enclosure may be attached to the power source …”).
However, DeHennis does not explicitly disclose wherein at least a portion of the housing extends into the coupler.
DeHennis does teach that the attachment of the coupler and the housing are supported by one or more supports (Fig. 2B, elements 232, para. [0044], para. [0046]). DeHennis teaches that the one or more supports may be attached to and extend from the power source (para. [0046]). DeHennis also teaches that the housing and the coupler can have other shapes (para. [0032], para. [0047]). DeHennis clearly teaches the variability of the coupler, the housing, and the one or more supports, which suggests that the housing and/or the one or more supports can be optimized based on manufacturing, design, and use applications. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing to have at least a portion of the housing extending into the coupler, either through the one or more supports being attached to the housing instead of the coupler and/or the housing/coupler having a different shaped design, using the teachings of DeHennis as a starting point, so as to obtain the desired manufacturing, design, and use applications. Alternatively and/or additionally, the mere rearrangement of parts, such as the one or more supports is an obvious matter of design choice as the modification would not have modified the operation of the device (See MPEP 2144.04, VI, C).
However, modified DeHennis does not explicitly disclose the first and second electrically conductive leads are capable of being laser welded to the first and second contact pads, respectively, of the circuitry.
Rich teaches of an analogous apparatus (Abstract, Fig. 2, para. [0002]). Rich further teaches first and second electrically conductive leads are capable of being laser welded to first and second contact pads, respectively, of the circuitry (Fig. 2, para. [0023]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection of the first and second electrically conductive leads to the first and second contact pads taught by modified DeHennis to explicitly be capable of being done with laser welding, as taught by Rich. This is because Rich teaches laser welding is a suitable and known method of forming electrical connections between circuitry elements (para. [0023]).
However, modified DeHennis does not explicitly disclose the coupler comprises one or more openings, such that the laser welding is capable of being performed through the one or more openings in the coupler with the coupler attached to the power source and at least the portion of the housing extending into the coupler.
Barry teaches an analogous apparatus comprising a housing, circuitry at least partially within the housing, wherein the circuitry comprises first and second contact pads, a power source including first ands second terminals (Abstract, Fig. 7C, para. [0184], para. [0223]). Barry further teaches a coupler comprising one or more openings, such that when the coupler is attached to a power source and at least a portion of the housing, operations can be done through the one or more openings on the contact pads (Fig. 7C, element 702, element 704, Fig. 32, para. [0225], para. [0436]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coupler taught by modified DeHennis to additionally include one or more openings such that the laser welding is capable of being performed through the one or more openings in the coupler with the coupler attached to the power source and at least the portion of the housing extending into the coupler, as taught by Barry. This is because Barry teaches one or more openings allows for the apparatus to be constructed as a whole prior the contacts being electrically connected, thereby decreasing manufacturing complexity and cost (para. [0219], para. [0436]).
Regarding claim 2, modified DeHennis discloses the apparatus of claim 1, wherein the housing comprises one or more openings (Fig. 2A, Fig. 2B, element 208a, para. [0048], “open end of the housing”, para. [0050]).
However, modified DeHennis does not explicitly disclose the first and second electrically conductive leads are capable of being laser welded to the first and second contact pads, respectively, of the circuitry through the one or more openings in the coupler and the one or more openings in the housing with the coupler attached to the power source and at least the portion of the housing extending into the coupler.
Barry further teaches a housing comprises one or more openings, and operations can be done through the one or more openings in the coupler and the one or more openings in the housing with the coupler attached to the power source and at least the portion of the housing extending into the coupler (Fig. 7C, element 702, element 704, Fig. 32, para. [0225], para. [0436]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one or more openings of the housing and the one or more openings of the coupler, such that the first and second electrically conductive leads are capable of being laser welded to the first and second contact pads with the coupler attached to the power source and at least the portion of the housing extending into the coupler, as taught by Barry. This is because Barry teaches one or more openings allows for the apparatus to be constructed as a whole prior the contacts being electrically connected, thereby decreasing manufacturing complexity and cost (para. [0219], para. [0436]).
Regarding claim 3, modified DeHennis discloses the apparatus of claim 1, wherein the housing is a polymethylmethacrylate (PMMA) housing (para. [0032], “housing may include a polymer (e.g., PMMA) …”).
Regarding claim 4, modified DeHennis discloses the apparatus of claim 1, wherein the housing is a sleeve (para. [0032], “housing may include a polymer (e.g., PMMA) sleeve …”).
Regarding claim 5, modified DeHennis discloses the apparatus of claim 1, wherein the power source is a battery (para. [0043], “power source may be a battery …”).
Regarding claim 6, modified DeHennis discloses the apparatus of claim 5, wherein the battery is a titanium-cased, hermetically-sealed battery (para. [0043], “made of … a titanium alloy …”, para. [0051], “power source … and the housing may be hermetically sealed …”).
Regarding claim 7, modified DeHennis discloses the apparatus of claim 1, wherein the coupler covers the first and second terminals of the power source (Fig. 2B, element 220, element 222, element 224, element 224c, para. [0047], “power source terminal enclosure may enclose the positive and negative terminals of the power source … holes through which the electrically conductive connectors … pass).
Regarding claim 8, modified DeHennis discloses the apparatus of claim 1, wherein the coupler comprises titanium (para. [0047], “made of … titanium”).
Regarding claim 9, modified DeHennis discloses the apparatus of claim 1, further comprising an encasement material that encases at least a first portion of the circuity (para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”).
Regarding claim 10, modified DeHennis discloses the apparatus of claim 9, wherein the encasement material comprises a water-resistant epoxy (para. [0049], “PMMA …”).
Regarding claim 11, modified DeHennis discloses the apparatus of claim 9, wherein the encasement material is a first encasement material that encases the first portion of the circuitry, the first portion of the circuitry does not include the first and second contact pads (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”), and the apparatus further comprises a second encasement material that encases the first and second electrically conductive leads and a second portion of the circuitry that includes the first and second contact pads (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 12, modified DeHennis discloses the apparatus of claim 11, wherein the first and second encasement materials are different (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”).
Regarding claim 13, modified DeHennis discloses the apparatus of claim 11, wherein the first and second encasement materials are the same (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 14, modified DeHennis discloses the apparatus of claim 11, wherein the second encasement material comprises a water-resistant epoxy (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line … PMMA”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 15, modified DeHennis discloses the apparatus of claim 11, wherein the first encasement material fills a first portion of the housing, and the second encasement material fills the coupler and a second portion of the housing that is not filled by the first encasement material (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 16, modified DeHennis discloses the apparatus of claim 9, wherein the encasement material encases the circuitry and the first and second electrically conductive leads (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 17, modified DeHennis discloses the apparatus of claim 9, wherein the encasement material fills the housing and the coupler (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”, para. [0062]).
Regarding claim 18, modified DeHennis discloses the apparatus of claim 9, further comprising one or more analyte indicators that cover one or more portions of an exterior surface of the housing (Fig 3E, elements 334, para. [0033], “one or more analyte indicators … adhered … at least a portion of the exterior surface of the housing …”).
Regarding claim 19, modified DeHennis discloses the apparatus of claim 18, wherein the circuitry comprises one or more light sources configured to emit excitation light that reaches the one or more analyte indicators after passing through the encasement material (Fig. 3A, elements 210, para. [0035], “one or more light sources that emit excitation light over and excitation wavelength … interact with an analyte indicator …”, para. [0049], “transmissive optical cavity … optically transmissive polymer material …”).
Regarding claim 20, modified DeHennis discloses the apparatus of claim 18, wherein the circuitry comprises one or more photodetectors configured to detect emission light that reaches the one or more photodetectors after being emitted by the one or more analyte indicators and passing through the encasement material (para. [0036], “one or more photodetectors … detect a detectable property of an analyte indicator … amount of the emission light …”, para. [0049], “transmissive optical cavity … optically transmissive polymer material …”).
Regarding claim 21, modified DeHennis discloses the apparatus of claim 1, further comprising a cap over the one or more openings of the coupler (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”).
Regarding claim 22, DeHennis discloses a method (para. [0012], “method of manufacturing …”) comprising:
inserting at least a portion of the coupler into the housing, the coupler attached to a power source (Fig. 2B, element 224, para, [0047], “electrically conductive connectors and the one or more supports may pass … the power source terminal enclosure may be attached to the power source …), wherein circuitry is at least partially within the housing, the circuitry comprises first and second contact pads (Fig. 2A, Fig. 3B, element 206, para. [0019], “circuity may include contact pads …”, para. [0037-0038], “implantable device may include one or more substrates … one or more substrates may be a circuit board … on which one or more of circuit components … may be mounted or otherwise attached …”, para. [0045]), and the power source includes first and second terminals (Fig. 2A, element 202, para. [0032], “implantable device may include a power source …”, para. [0043], “power source may include a positive terminal … and a negative terminal …”); and
connecting first and second electrically conductive leads to the first and second contact pads, respectively, of the circuitry, wherein the first and second electrically conductive leads are connected electrically to the first and second terminals, respectively, of the power source (Fig. 2B, element 228, element 230, para. [0044-0045], “electrically conductive connectors may electrically connect the positive and negative terminals, respectively, of the power source to the circuitry of the implantable device …”, para. [0047], “power source terminal enclosure may have holes through which the electrically conductive connectors … pass …”).
However, DeHennis does not explicitly disclose a portion of the housing is inserted into the coupler.
DeHennis does teach that the attachment of the coupler and the housing are supported by one or more supports (Fig. 2B, elements 232, para. [0044], para. [0046]). DeHennis teaches that the one or more supports may be attached to and extend from the power source (para. [0046]). DeHennis also teaches that the housing and the coupler can have other shapes (para. [0032], para. [0047]). DeHennis clearly teaches the variability of the coupler, the housing, and the one or more supports, which suggests that the housing and/or the one or more supports can be optimized based on manufacturing, design, and use applications. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing to have a portion of the housing be inserted into the coupler, either through the one or more supports being attached to the housing instead of the coupler and/or the housing/coupler having a different shaped design, using the teachings of DeHennis as a starting point, so as to obtain the desired manufacturing, design, and use applications. Alternatively and/or additionally, the mere rearrangement of parts, such as the one or more supports is an obvious matter of design choice as the modification would not have modified the operation of the device (See MPEP 2144.04, VI, C).
However, modified DeHennis does not explicitly disclose the connection of the first and second electrically conductive leads to the first and second contact pads is through laser welding.
Rich teaches of an analogous method (Abstract, Fig. 2, para. [0006]). Rich further teaches first and second electrically conductive leads are laser welded to first and second contact pads (Fig. 2, para. [0023]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection of the first and second electrically conductive leads to the first and second contact pads taught by modified DeHennis to explicitly be capable of being done with laser welding, as taught by Rich. This is because Rich teaches laser welding is a suitable and known method of forming electrical connections between circuitry elements (para. [0023]).
However, modified DeHennis does not explicitly disclose the connecting of the circuitry is through one or more openings in the coupler with the coupler attached to the power source and at least the portion of the housing inserted into the coupler.
Barry teaches an analogous method of producing an apparatus comprising a housing, circuitry at least partially within the housing, wherein the circuitry comprises first and second contact pads, a power source including first and second terminals (Abstract, Fig. 7C, para. [0184], para. [0223]). Barry further teaches the connection of the circuitry is through one or more openings in the coupler with the coupler attached to the power source and at least the portion of the housing inserted into the coupler (Fig. 7C, element 702, element 704, Fig. 32, para. [0225], para. [0436]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by modified DeHennis to additionally connect of the circuitry is through one or more openings in the coupler with the coupler attached to the power source and at least the portion of the housing inserted into the coupler, as taught by Barry. This is because Barry teaches one or more openings allows for the apparatus to be constructed as a whole prior the contacts being electrically connected, thereby decreasing manufacturing complexity and cost (para. [0219], para. [0436]).
Regarding claim 23, modified DeHennis discloses the method of claim 22, wherein the housing comprises one or more openings (Fig. 2A, Fig. 2B, element 208a, para. [0048], “open end of the housing”, para. [0050]).
However, modified DeHennis does not explicitly disclose the laser welding of the first and second electrically conductive leads to the first and second contact pads, respectively, of the circuitry with the coupler attached to the power source and at least the portion of the housing inserted into the coupler is through the one or more openings in the coupler and the one or more openings in the housing.
Barry further teaches a housing comprises one or more openings, and operations can be done through the one or more openings in the coupler and the one or more openings in the housing with the coupler attached to the power source and at least the portion of the housing extending into the coupler (Fig. 7C, element 702, element 704, Fig. 32, para. [0225], para. [0436]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the one or more openings of the housing and the one or more openings of the coupler such that the first and second electrically conductive leads are laser welded to the first and second contact pads with the coupler attached to the power source and at least the portion of the housing inserted into the coupler, as taught by Barry. This is because Barry teaches one or more openings allows for the apparatus to be constructed as a whole prior the contacts being electrically connected, thereby decreasing manufacturing complexity and cost (para. [0219], para. [0436]).
Regarding claim 24, modified DeHennis discloses the method of claim 22, further comprising, before inserting at least the portion of the housing into the coupler, encasing at least a first portion of the circuity in a first encasement material (para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”).
Regarding claim 25, modified DeHennis discloses the method of claim 24, wherein the first encasement material comprises a water-resistant epoxy (para. [0049], “PMMA …”).
Regarding claim 26, modified DeHennis discloses the method of claim 24, wherein the first portion of the circuitry does not include the first and second contact pads (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”), and the method further comprises, after laser welding the first and second electrically conductive leads to the first and second contact pads, respectively, of the circuitry, encasing the first and second electrically conductive leads and a second portion of the circuitry that includes the first and second contact pads in a second encasement material (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”, para. [0050], “electrically conductive connectors may be connected to the contact pads … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 27, modified DeHennis discloses the method of claim 26, wherein the second encasement material fills the coupler and a second portion of the housing that was not filled by the first encasement material (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 28, modified DeHennis discloses the method of claim 26, wherein the first and second encasement materials are different (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”).
Regarding claim 29, modified DeHennis discloses the method of claim 26, wherein the first and second encasement materials are the same (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 30, modified DeHennis discloses the method of claim 26, wherein the second encasement material comprises a water-resistant epoxy (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line … PMMA”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 31, modified DeHennis discloses the method of claim 26, wherein encasing the first and second electrically conductive leads and the second portion of the circuitry in the second encasement material comprises inserting the second encasement material through the one or more openings in the coupler (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 32, modified DeHennis discloses the method of claim 31, wherein encasing the first and second electrically conductive leads and the second portion of the circuitry in the second encasement material further comprises inserting the second encasement material through one or more openings in the housing (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 33, modified DeHennis discloses the method of claim 22, further comprising, after laser welding the first and second electrically conductive leads to the first and second contact pads, respectively, of the circuitry, encasing the circuitry and the first and second electrically conductive leads in an encasement material (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”, para. [0050], “electrically conductive connectors may be connected to the contact pads … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”).
Regarding claim 34, modified DeHennis discloses the method of claim 33, wherein the encasement material comprises a water-resistant epoxy (para. [0049], “PMMA …”).
Regarding claim 35, modified DeHennis discloses the method of claim 33, wherein the encasement material fills the coupler and the housing (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”, para. [0062]).
Regarding claim 36, modified DeHennis discloses the method of claim 33, wherein encasing the circuitry and the first and second electrically conductive leads in the encasement material comprises inserting the encasement material through the one or more openings in the coupler (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”, para. [0062]).
Regarding claim 37, modified DeHennis discloses the method of claim 36, wherein encasing the circuitry and the first and second electrically conductive leads in the encasement material further comprises inserting the encasement material through one or more openings in the housing (Fig. 2B, para. [0049], “housing may be filled with an epoxy to the initial epoxy fill line …”, para. [0050], “filled with an epoxy to the initial epoxy fill line … remaining space in the housing between the epoxy fill line and the open end of the housing is filled with epoxy …”, para. [0062]).
Regarding claim 38, modified DeHennis discloses the method of claim 22, further comprising, after laser welding the first and second electrically conductive leads to the first and second contact pads, placing a cap over the one or more openings of the coupler (Fig. 2B, para. [0048], “housing cap enclosure … housing cap enclosure may enclose the circuitry of the implantable device in the housing …”).
Regarding claim 39, DeHennis discloses a coupler (Abstract, Fig. 2A, element 224, para. [0047]) comprising:
an open first end configured to be attached to a power source (Fig. 2B, element 224, para, [0047], “the power source terminal enclosure may be attached to the power source …” - the end must be open to be attached/connected to other components);
an open second end (Fig. 2B - The second end being opposite to the connection of element 224 and 202, for example, where element 224c is located. The end must be open to be attached/connected to other components); and
first and second electrically conductive leads connected electrically to first and second terminals, respectively, of the power source are capable of being connected to first and second contact pads, respectively, of circuitry that is at least partially within the housing (Fig. 2B, elements 224c, para. [0019], “circuity may include contact pads …”, para. [0044-0045], “electrically conductive connectors may electrically connect the positive and negative terminals, respectively, of the power source to the circuitry of the implantable device …”, para. [0047], “power source terminal enclosure may have holes through which the electrically conductive connectors … pass …”).
However, DeHennis does not explicitly disclose wherein the open second end is configured for insertion of at least a portion of a housing into the coupler.
DeHennis does teach that the attachment of the coupler and the housing are supported by one or more supports (Fig. 2B, elements 232, para. [0044], para. [0046]). DeHennis teaches that the one or more supports may be attached to and extend from the power source (para. [0046]). DeHennis also teaches that the housing and the coupler can have other shapes (para. [0032], para. [0047]). DeHennis clearly teaches the variability of the coupler, the housing, and the one or more supports, which suggests that the housing and/or the one or more supports can be optimized based on manufacturing, design, and use applications. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing to have at least a portion of the housing extending into the coupler, either through the one or more supports being attached to the housing instead of the coupler and/or the housing/coupler having a different shaped design, using the teachings of DeHennis as a starting point, so as to obtain the desired manufacturing, design, and use applications. Alternatively and/or additionally, the mere rearrangement of parts, such as the one or more supports is an obvious matter of design choice as the modification would not have modified the operation of the device (See MPEP 2144.04, VI, C).
However, modified DeHennis does not explicitly disclose the first and second terminals, respectively, of the power source are capable of being laser welded to first and second contact pads.
Rich teaches of an analogous apparatus (Abstract, Fig. 2, para. [0002]). Rich further teaches first and second terminals, respectively, of the power source are capable of being laser welded to first and second contact pads (Fig. 2, para. [0023]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection of the first and second electrically conductive leads to the first and second contact pads taught by modified DeHennis to explicitly be capable of being done with laser welding, as taught by Rich. This is because Rich teaches laser welding is a suitable and known method of forming electrical connections between circuitry elements (para. [0023]).
However, modified DeHennis does not explicitly disclose the coupler comprises one or more openings through which laser welding is capable of being performed, wherein the one or more openings are in addition to the open first and second ends.
Barry teaches an analogous coupler (Abstract, Fig. 7C, para. [0223]). Barry further teaches the coupler comprises one or more openings through which laser welding is capable of being performed, wherein the one or more openings are in addition to the open first and second ends (Fig. 7C, element 702, element 704, Fig. 32, para. [0225], para. [0436]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify coupler taught by modified DeHennis to additionally comprise one or more openings through which laser welding is capable of being performed, wherein the one or more openings are in addition to the open first and second ends, as taught by Barry. This is because Barry teaches one or more openings allows for the apparatus to be constructed as a whole prior the contacts being electrically connected, thereby decreasing manufacturing complexity and cost (para. [0219], para. [0436]).
Regarding claim 40, modified DeHennis discloses the coupler of claim 39, coupler of claim 39, wherein the coupler is configured to cover the first and second terminals of the power source (Fig. 2B, element 220, element 222, element 224, element 224c, para. [0047], “power source terminal enclosure may enclose the positive and negative terminals of the power source … holes through which the electrically conductive connectors … pass).
Regarding claim 41, modified DeHennis discloses the coupler of claim 39, wherein the coupler comprises titanium (para. [0047], “made of … titanium”).
Regarding claim 51, modified DeHennis discloses the apparatus of claim 1, wherein the coupler further comprises an open first end and an open second end, the open first end of the coupler is attached to the power source (Fig. 2B, element 224, para, [0047], “the power source terminal enclosure may be attached to the power source …” - the end must be open to be attached/connected to other components), at least the portion of the housing extends into the open second end of the coupler (Fig. 2B - The second end being opposite to the connection of element 224 and 202, for example, where element 224c is located. The end must be open to be attached/connected to other components. Further, see the rejection of claim 1), and the one or more openings of the coupler are in addition to the open first and second ends of the coupler (see the rejection of claim 1 regarding the one or more openings).
Regarding claim 52, modified DeHennis discloses the method of claim 22, wherein an open first end of the coupler is attached to the power source (Fig. 2B, element 224, para, [0047], “the power source terminal enclosure may be attached to the power source …” - the end must be open to be attached/connected to other components), inserting at least the portion of the housing into the coupler comprises inserting at least the portion of the housing into an open second end of the coupler (Fig. 2B - The second end being opposite to the connection of element 224 and 202, for example, where element 224c is located. The end must be open to be attached/connected to other components. Further, see the rejection of claim 22), and the one or more openings of the coupler are in addition to the open first and second ends of the coupler (see the rejection of claim 22 regarding the one or more openings).
Response to Arguments
Applicant’s arguments, see pages 11-17 of Remarks, filed 04/21/2026, with respect to the rejection(s) of claim(s) 1-41 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Barry et al. (US 20200330010 A1), hereinafter referred to as Barry.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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