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 foregoing is based on the previous office action. Additional details have included to further clarify the rejection.
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.
Claims 1-8 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 9955289 B1) in view of Yang et al. (US 20190328984 A1) and Zdeblick et al. (US 20080306359 A1).
Regarding claim 1, Liu teaches an implantable device (Fig. 3 and Col. 8 Lines 34-40, an implantable medical device 300 suitable for use as pacemaker/ICD 100 shown and described above with reference to FIGS. 1 and 2) comprising:
(Fig. 3 and Col. 10 Lines 10-20, second antenna 312 is configured to receive NFC signals. Noted that it is very well-known in wireless communication that the near-filed (NFC) antenna comprises plurality of electrodes (See Zdeblick below));
a power source (Fig. 2, battery 110);
detection circuitry electrically coupled to the electrodes, the detection circuitry configured to detect voltage via the electrodes (Fig. 4 and Col. 10 Lines 35-55, signal detection detects signals received by second antenna 312 (electrodes)).
communication circuitry configured for wireless communication according to a communication protocol (Fig. 4, Bluetooth Low Energy (BLE) transceiver and Col. 9 Lines 60-67, configured to transmit and receive signals within a Bluetooth or BLE frequency band); and
processing circuitry electrically coupled to the detection circuitry, the power source, and the communication circuitry (Fig. 2 and Col. 8 Lines 45-60, microprocessor 160), wherein the processing circuitry is configured to:
(Col. 7 Lines 55-65, battery 110 that provides operating power to the circuits & Col. 10 Lines 35-55, place into a sleep or inactive mode);
determine that the detection circuitry detected voltage via the electrodes (Col. 11, Lines 10-30, As long as the NFC signed has a sufficient voltage amplitude for detector network 400 to detect the NFC signal);
determine the detected voltage satisfies one or more criteria, the one or more criteria comprising the voltage including one or more frequencies (Col. 12 Lines 20-30, activation signal for BLE transceiver 402 when the output of full-wave rectifier 412 is as low as approximately 30mV), the voltage modulating between a plurality of frequencies at a particular rate, or the voltage modulating between a plurality of frequencies at least a particular number of times; and
in response to determining the detected voltage satisfies the one or more criteria, (Col. 9 Line 40-55, sleep/inactive mode (first communication mode), active/wakeup mode (second communication mode).
Liu does not expressly disclose the implantable device broadcast, via the first communication mode (sleep mode), a first set of advertisements according to the communication protocol; and broadcast, via the second communication mode (wakeup/active mode), a second set of advertisements according to the communication protocol.
However, this feature is very well-known in the wireless communication art and cannot be considered new or novel in the presence of Yang. Yang teaches active state may be characterized by greater power consumption in the activate state is greater than the sleep state (Par. 54), which advertising rate is “slow” (e.g., packets are transmitted every 10 seconds) when operating in the sleep state/mode and advertising rate is “fast” (e.g., packets are transmitted every 100 ms) when operating in active/advertising state/mode (Figs. 1, 5 and Pars. 57-58, 61).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the above teaching as taught Yang into Liu to effectively and efficiently manage power consumption.
The modified Liu further teaches “the second antenna 312 (electrodes) of the pacemaker/implant device (inside of patient’s body) is configured to receive NFC signals at a frequency generally involves communication (transmit (generate or induce) or receive (detect)) between electromagnetically or wirelessly coupled devices (external device)) (Fig. 3 and Col. 10 Lines 10-20) and a signal detection (detection circuitry) detects signals received by second antenna 312 (electrodes (inside of patient’s body)) (Fig. 4 and Col. 10 Lines 35-55)”. It is obvious that when the external device is outside of the patient’s body, the communication between the second antenna 312 (electrodes) of the pacemaker/implant device (inside of patient’s body) and the external device would be wirelessly through the patient’s body or patient’s tissue and a signal detection (detection circuitry) of the pacemaker/implant device (inside of patient’s body) detects signals received (i.e. “wherein the detected voltage includes voltage induced at an interface between tissue of a patient and the electrodes of the implantable device”). However, modified Liu does not expressly disclose that the external device is outside of the patient’s body or on the patient’s skin/tissue. The presence of Zdeblick is incorporated to teaches such feature. Zdeblick teaches the antenna of the remote/implanted device is formed by a pair of electrodes (Par. 91), the remote/implanted device is placed inside a patient's body and power source or wave generator (external device) which is external to the patient electrodes 906 that attach to the patient's skin (Figs. 8-9 and Par. 114), it is well known that the human body carries low-level oscillating signals induced by nearby AC-powered devices (external device) and the patient's skin advantageously acts as a conductive barrier (Pars. 87-91), the remote/implanted device receives/detects power (nearfield signal or oscillating signal or voltage) induced/generated/transmitted by power source or wave generator (external device) through the patient’s body or patient's skin (Figs. 3-4 and Pars. 40-43, 189).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the above teaching as taught Zdeblick into the modified Liu for wireless communicate through the patient’s body.
Regarding claim 2, the modified Liu teaches previous claim. The modified Liu further teaches the implantable device of claim 1, wherein the first communication mode includes a first advertising rate, and the second communication mode includes a second advertising rate, the second advertising rate being different than the first advertising rate (See rejection of claim 1).
Regarding claim 3, the modified Liu teaches previous claim. The modified Liu further teaches the implantable device of claim 2, wherein the second advertising rate is greater than the first advertising rate (See rejection of claim 1).
Regarding claim 4, the modified Liu teaches previous claim. The modified Liu further teaches the implantable device of claim 1, wherein the detected voltage includes voltage induced by an electromagnetic field at an interface between tissue of a patient and the electrodes of the implantable device (See rejection of claim 1).
Regarding claim 5, the modified Liu teaches previous claim. The modified Liu further teaches the implantable device of claim 1, wherein the communication protocol comprises a low energy protocol (See rejection of claim 1).
Regarding claim 6, the modified Liu teaches previous claim. The modified Liu further teaches the implantable device of claim 1, wherein the communication protocol comprises a first communication protocol and the electromagnetic field comprises a wakeup signal according to a second communication protocol, wherein the second communication protocol comprises a radio frequency (RF) communication protocol (See rejection of claim 1 & Note: first communication protocol and second communication protocol (i.e. NFC and BLE)).
.
Regarding claim 7, the modified Liu teaches previous claim. The modified Liu further teaches the implantable device of claim 1, further comprising a housing that houses the detection circuitry, the communication circuitry, and the processing circuitry (Fig. 2, housing 140), wherein the plurality of electrodes comprises housing electrodes (Col. 10 Lines 25-30).
Regarding claim 8, the modified Liu teaches previous claim.
The modified does not teach the the implantable device of claim 1, further comprising sensing circuitry configured to sense a physiological signal of the patient via the electrodes.
However, the feature is well-known and cannot be considered new or novel in the presence of Zdeblick (Pars. 41-42).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the above teaching as taught Zdeblick into the modified Liu for low power consumption.
Regarding claims 10-17, method of claims 10-17 are performed by the apparatus of claims 1-9. They recite same scope of limitations. Applicant is kindly advised to refer to rejection of claims 1-9.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 9955289 B1) in view of Yang et al. (US 20190328984 A1) and Zdeblick et al. (US 20080306359 A1) and in further view of Frysz et al. (US 20110057037 A1).
Regarding claim 9, the modified Liu teaches previous claim. The modified Liu further teaches the NFC signals at a frequency of approximately 13.5 megahertz (MHz) (Col. 10 Lines 10-25).
The modified Liu does no teaches the implantable device of claim 1, wherein the one or more frequencies are within a range from 150 kilohertz to 200 kilohertz.
However, using a frequency lower than the 13.5MHz is very well-known and cannot be considered new or novel in the presence of Frysz (Par. 2).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the above teaching as taught Frysz into the modified Liu as it is an intentional design choice for low frequency application.
Regarding claim 18, method of claim 18 is performed by the apparatus of claim 9. They recite same scope of limitations. Applicant is kindly advised to refer to rejection of claim 9.
Applicant Remark
Examiner Response
On pages 2-3 of the Applicant’s remark, the Applicant argues that … Nothing in Liu suggests utilizing electrodes to detect voltage induced specifically at the interface between the patient's tissue and the hardware. This hardware distinction is fundamental. The implantable device of amended claim 1 leverages the patient's own tissue as a conductive path to induce eddy currents directly at the electrode-tissue interface. See, e.g., Applicant's specification as filed at paragraphs [0072] and [0095]. Lui cannot, because second antenna 3127
is within an insulated cover 304.1 Zdeblick also fails to teach this subject matter. While Zdeblick discloses a "very small antenna" for near-field signaling, it does not teach "wherein the detected voltage includes voltage induced at an interface between tissue of a patient and the electrodes of the implantable device." For example, Zdeblick's disclosure of an antenna for generating or detecting signals does not teach or suggest the specific physical mechanism of detection of "voltage induced at an interface between tissue of a patient and the electrodes of the implantable device" as set forth in amended claim 1…
Examiner respectfully disagrees.
Liu teaches “the second antenna 312 (electrodes) of the pacemaker/implant device (inside of patient’s body) is configured to receive NFC signals at a frequency generally involves communication (transmit (generate or induce) or receive (detect)) between electromagnetically or wirelessly coupled devices (external device)) (Fig. 3 and Col. 10 Lines 10-20) and a signal detection (detection circuitry) detects signals received by second antenna 312 (electrodes (inside of patient’s body)) (Fig. 4 and Col. 10 Lines 35-55)”. It is obvious that when the external device is outside of the patient’s body, the communication between the second antenna 312 (electrodes) of the pacemaker/implant device (inside of patient’s body) and the external device would be wirelessly through the patient’s body or patient’s tissue and a signal detection (detection circuitry) of the pacemaker/implant device (inside of patient’s body) detects signals received (i.e. “wherein the detected voltage includes voltage induced at an interface between tissue of a patient and the electrodes of the implantable device”). However, modified Liu does not expressly disclose that the external device is outside of the patient’s body or on the patient’s skin/tissue. The presence of Zdeblick is incorporated to teaches such feature. Zdeblick teaches the antenna of the remote/implanted device is formed by a pair of electrodes (Par. 91), the remote/implanted device is placed inside a patient's body and power source or wave generator (external device) which is external to the patient electrodes 906 that attach to the patient's skin (Figs. 8-9 and Par. 114), it is well known that the human body carries low-level oscillating signals induced by nearby AC-powered devices (external device) and the patient's skin advantageously acts as a conductive barrier (Pars. 87-91), the remote/implanted device receives/detects power (nearfield signal or oscillating signal or voltage) induced/generated/transmitted by power source or wave generator (external device) through the patient’s body or patient's skin (Figs. 3-4 and Pars. 40-43, 189).
Therefore, the combination of Liu, Yang and Zdeblick as a whole teach the limitations of amended claim 1 and amended claim 10.
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 CINDY HUYEN TRANDAI whose telephone number is (571)270-1914. The examiner can normally be reached 8am -4:30pm.
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/Cindy Trandai/Primary Examiner, Art Unit 2648 7/30/2026
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