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 Invention I pertaining to claims 1-11 in the reply filed on 12 November 2025 is acknowledged.
Claims 1-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventions II-IV, there being no allowable generic or linking claim. Election was made without traverse in the reply.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pavel et al. (US Publication no. 2017/0021184) in view of Chen et al. (US Publication no. 2009/0118796 – disclosed by Applicant).
In regard to claim 1, Pavel et al. disclose a medical device 120 (figure 5) including a patient-applied part configured to physically contact a patient during normal use 506/508 (para 101, electrodes for sensing or therapeutic purposes);
a medical device 120, including:
a device housing 206;
a rechargeable battery 212 within the device housing 206 (para 83);
a control circuit within the device housing (para 84, processor 318);
a power circuit within the device housing (para 84, battery 310), and
an electrical port 202 on the device housing for use in making electrical connections to the control circuit and the power circuit within the device housing (para 83, figure 5, medical device controller 120 may further include a port 202 to removably connect sensing devices (e.g., ECG sensing electrodes 112) and/or therapeutic devices (e.g., therapy electrodes 114) to the medical device controller 120);
a patient-applied part cable 502/504 with a first end configured to be electrically connected to the patient-applied part 506/508 and a second end 510 configured to be removably connected to the electrical port 202 (para 101),
the medical system is designed for use in a home healthcare environment (this is intended use, and does not impart any structural limitation that exclusively limits the device to home use. Moreover, the device of figure 5 is considered capable of use in the home, office, or clinic, para 156).
Pavel et al. does not teach the features of: a power cable with a first end configured to be electrically connected to an electrical power line and a second end configured to be removably connected to the electrical port, wherein:
the electrical port is not able to be concurrently connected to both the power cable and the patient-applied part cable
the power circuit is configured to be electrically connected to the electrical power line via the power cable and to recharge the rechargeable battery using power from the electrical power line.
Chen et al. disclose a medical system (figure 5), comprising:
a patient-applied part configured to physically contact a patient during normal use 220;
a medical device 210, including:
a device housing 215;
a rechargeable battery 126 within the device housing 215 (para 31, preferred Li-ion rechargeable battery, and para 33);
a control circuit 120 within the device housing (para 30, printed circuit board 120);
a power circuit within the device housing (para 30-32, not expressly taught but considered necessarily part of printed circuit board 120 for delivering power to display 265, and telemetry circuits 62 to operate); and
an electrical port 300 on the device housing for use in making electrical connections to the control circuit and the power circuit within the device housing (300, figure 5, para 39-41);
a power cable 316 with a first end configured to be electrically connected to an electrical power line 317 and a second end 315 configured to be removably connected to the electrical port 300 (para 33 and 40), and
a patient-applied part cable 235 with a first end configured to be electrically connected to the patient-applied part 240 and a second end 305 configured to be removably connected to the electrical port 300 (para 40-42),
wherein:
the electrical port 300 is not able to be concurrently connected to both the power cable and the patient-applied part cable (para 41-42, Chen et al. explicitly teach because there is only a single port 300, communications must be shared. For example, if when the external charging coil assembly 220 is attached, neither the computer 312 nor power source 317 can be attached)
the power circuit is configured to be electrically connected to the electrical power line via the power cable and to recharge the rechargeable battery using power from the electrical power line (para 33 and 40), and
the medical system is designed for use in a home healthcare environment (this is intended use, and does not impart any structural limitation that exclusively limits the device to home use. Moreover, the device of figure 5 is considered capable of use in the home, office, or clinic, para 25, as user may put device 210 in a pocket).
The port 202 of Pavel et al. is not described as permitting recharging of battery 212 within housing 206 when it is depleted. Instead, the battery must be removed and replaced with another battery charged on a base station 404 (para 83 and 98). The teachings of Chen et al. provide a benefit to this. Having a signal port 300 for power, data, and charging permits a device 210 (which is considered similar to device 120 of Pavel et al.) to have simpler design, and permits recharging of the device without requiring removal of the battery. Modification of Pavel et al. to permit recharging of the battery 212 via port 202 is considered to have been obvious to one of ordinary skill in the art since Chen et al. explicit demonstrate that a common port for multiple functions as known so the modification would include the application of a known technique to a known device to yield an improvement. The improvement would include simpler design of power, data, and recharging interfaces and eliminate the need to remove a battery for recharging which would reduce the need for additional batteries or chance of misplacement.
In regard to claims 2 and 3, Pavel et al. does not teach that the patient-applied part includes a coil assembly configured for use to be placed on the patient and used to charge an implantable device and to communicate with an implantable device. Chen et al. teaches that a patient-applied part includes a coil 220 assembly configured for use to be placed on the patient and used to charge an implantable device and to communicate with an implantable device (para 16 and 42). Including a patient-applied part includes a coil for recharging the battery and communication with an implantable medical device in Pavel et al. is considered to have been obvious to one of ordinary skill in the art since it is explicitly taught by Chen et al.
In regard to claim 5, Pavel et al. includes at least one electrode 508 for delivering electrical therapy to a patient (para 102).
In regard to claim 6, Pavel et al. includes at least one electrode 506 for sensing electrical signals from a patient (para 101).
In regard to claim 7, Pavel et al. teaches the medical device is configured to communicate with the patient-applied part (via cables 502/504).
In regard to claim 8, Pavel et al. teaches the patient-applied part includes a sensor configured to contact the patient during normal use (para 84, figure 3, sensor interface 328 connected to sensor electrode 328).
In regard to claims 9 and 10, Pavel et al. does not explicitly teach that the first end of the patient-applied part cable 502/504 is integrally connected to the patient-applied part 506/508, nor that the first end of the patient-applied part cable is removably connected to the patient-applied part. However, since there is no criticality for either embodiments as integral or separable elements work equally well, this feature is considered to have been obvious to one of ordinary skill in the art as choice is design in that one of ordinary skill may choose from any known connection type. Further, the reviewing courts have held that making working elements either integral or separable is withing routine skill in the art.
In regard to claim 11, Pavel et al. does not teach a plurality of conductor connectors includes exclusive first and second subsets, wherein the first subset is exclusively used to electrically connect the power circuit to the electrical power line via the power cable, and the second subset is exclusively used to electrically connect the control circuit to the patient-applied part. This is found in Chen et al., accessories 220, 317, 312 depicted in figure 5 each have their own connectors 305, 310, and 315, whereby each accessory has its own connector. Therefore modification in this manner is considered to have been obvious to one of ordinary skill in the art since it is explicitly shown in Chen et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T GEDEON whose telephone number is (571)272-3447. The examiner can normally be reached M-F 8:00 am to 5:30 PM ET.
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/BRIAN T GEDEON/Primary Examiner, Art Unit 3796 6 February 2026