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 1-7, in the reply filed on 11/3/25 is acknowledged.
Claims 8-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/3/25.
Claim Objections
Claims objected to because of the following informalities:
Claim 1, line 2: Should be clinician “programming" device.
Claim 4, line 6: Should be remote “programming” profile.
Claim 5: Should be remote “programming” profile.
Claim 7: Should be remote “programming” profile.
Appropriate correction is required.
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 1-7 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, lines 8-9: “the updated program instructions” lacks proper antecedent in the claims. For sake of examination, this is interpreted to be any program instructions.
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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moffitt (US 2017/0157410).
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Regarding claim 1, Moffitt discloses the same invention as claimed (Figure 24 shown above for example), including a medical device assembly comprising: a clinician programing device configured to communicate with an implanted medical device of a patient (Figure 1); the clinician programming device including one or more processors configured to: communicate program instructions to a remote programming engine (Figure 24; Paragraphs 114-115: physician device 910 communicates with remote intermediary 920), the remote programming engine comprising one or more processors configured to: simulate operation of the implanted medical device based on program instructions (Paragraph 117: analyzer simulates or emulates operation of an uploaded therapy program); and communicate updated program instructions to the implanted medical device based on the operation simulated (Paragraphs 117-119: e.g. design rules may be applied to the uploaded therapy programs; Paragraphs 120-121: user downloads any therapy program to pulse generator). To expedite allowance, Examiner suggests reciting the clinician programming device configured to communicate “initial” program instructions and the remote engine configured to simulate operation based on the “initial” program instructions, or similar language, to tie together the updated program instructions back to the simulation and initial program instructions. This would differentiate from Moffitt since there is no linkage between the separate uploading and downloading of therapy programs.
Allowable Subject Matter
Claims 2-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Abdeen (US 2020/0372996) shows a trainer device which emulates an IPG.
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
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