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 1-19, in the reply filed on 11/15/25 is acknowledged.
Claim 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 11/15/25.
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) 1, 2, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Towe (US 2015/0100110).
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Regarding claim 1, Towe discloses the same invention as claimed (Figure 1 shown above for example), including a system comprising: a wireless reception element for receiving power wirelessly through tissue of a subject (abstract; Paragraph 37); a power management and storage circuit for storing a portion of the received power (Paragraph 49); and a control circuit for controlling the delivery of current from the power management and storage circuit to each of a plurality of stimulation electrodes individually based on a modulation of the received power (abstract; Paragraph 49).
Regarding claim 2, Towe discloses an antenna as recited (Paragraph 37).
Regarding claim 14, Towe discloses a capacitor as recited (Paragraph 49).
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.
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.
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US 2015/0100110) in view of Klosterman (US 2005/0021108).
Regarding claim 3, Towe does not disclose converting pulse widths to binary values as recited. However, Klosterman teaches on-off keying where pulse widths are converted to binary values (abstract; Paragraphs 94-95), in order to communicate easily with an implanted device. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe as taught by Klosterman to include OOK as recited, in order to communicate easily with the implanted device.
Regarding claim 4, Towe discloses a rectifier as recited (Paragraph 37).
Regarding claims 5-7, the OOK of Klosterman includes a passive low pass RC demodulator circuit as recited (Paragraph 97).
Claim(s) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US 2015/0100110) and Klosterman (US 2005/0021108) in view of Borkan (US 4,459,989).
Regarding claim 8, Towe or Klosterman do not disclose a shift register. However, Borkan teaches a shift register (Figure 2: 42), in order to control the stimulation according to the received signal. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe and Klosterman as taught by Borkan to include a shift register as recited, in order to control the stimulation according to the received signal.
Regarding claims 9-10, Towe discloses a rectifier as recited (Paragraph 37), and the shift register of Borkan includes a clock input connected to the rectifier through an inverter (Figure 2: 30).
Regarding claims 11-12, the shift register of Borkan includes switched outputs to respective electrodes as recited (Figure 2).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US 2015/0100110) and Klosterman (US 2005/0021108) and Borkan (US 4,459,989) in view of Rozgic (US 2019/0379239).
Regarding claim 13, Towe or Klosterman or Borkan do not disclose a low pass filter as recited. However, Rozgic teaches adding a low pass filter (Paragraph 76), in order to add a time delay. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe and Klosterman and Borkan as taught by Rozgic to include a low pass filter as recited, in order to add a time delay.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US 2015/0100110) in view of Cowan (US 2007/0293895).
Regarding claim 15, Towe does not disclose a DC-DC converter as recited. However, Cowan teaches a DC-DC converter (Paragraph 33; Figure 4: 42), in order to boost the voltage to a desired level. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe as taught by Cowan to include a DC-DC converter as recited, in order to boost the voltage to a desired level.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US 2015/0100110) and Cowan (US 2007/0293895) in view of Borkan (US 4,459,989).
Regarding claim 16, Towe or Cowan do not disclose a shift register. However, Borkan teaches a shift register (Figure 2: 42), in order to control the stimulation according to the received signal. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe and Cowan as taught by Borkan to include a shift register as recited, in order to control the stimulation according to the received signal.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US 2015/0100110) and Cowan (US 2007/0293895) and Borkan (US 4,459,989) in view of Klosterman (US 2005/0021108) and Soltani (US 2020/0064920).
Regarding claim 17, Towe discloses a rectifier as recited (Paragraph 37). Towe does not disclose a demodulator as recited. However, Klosterman teaches a passive demodulator (Paragraph 97), in order to communicate with the implanted device. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe and Cowan and Borkan as taught by Klosterman to include a demodulator as recited, in order to communicate easily with the implanted device.
Further regarding claim 17, Towe or Cowan or Borkan or Klosterman do not disclose a data slicer as recited. However, Soltani teaches a data slicer as recited (Paragraph 74; input and output connections would be obvious as these are where data input and output are located, and power supply is also implied), in order to separate signal values. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Towe and Cowan and Borkan and Klosterman as taught by Soltani to include a data slicer as recited, in order to separate signal values.
Regarding claims 18, 19, Towe discloses a supporting substrate (e.g. Figure 5A) and volume and size as recited (Paragraph 35).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hastings (US 2006/0085039) shows a passive implantable stimulator.
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