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 .
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 18, 24, and 28 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Roberts et al (US 2012/0271380 A1, hereinafter “Roberts”).
Regarding claim 18, Roberts discloses a method of communicating by an external device with an implantable medical device, comprising: exchanging unique information with the implantable medical device with a first communication (par 0029, 0046, 0057, including near-field exchange of a session key including a unique shared code that can be added to later data transmissions so that the devices communicate using a secure connection); exchanging a second communication with the implantable medical device where the implantable medical device implements the unique information when exchanging the second communication (par 0029, 0046, 0057, including near-field exchange of a session key including a unique shared code that can be added to later data transmissions so that the devices communicate using a secure connection); and if a subsequent communication from the implantable medical device that uses the unique information is received after the second communication where the external device expects the subsequent communication to use the unique information, then conducting a third communication with the implantable medical device where the third communication uses the unique information (pars 0030, 0046, 0048, 0057-0058).
Regarding claim 24, Roberts discloses an external device that communicates with an implantable medical device (par 0029), comprising: at least one communication circuit (par 0029); a controller coupled to the at least one communication circuit (par 0029), the controller being configured to: exchange unique information with the implantable medical device over a first communication (par 0029), exchange a second communication with the implantable medical device where the implantable medical device implements the unique information when exchanging the second communication (par 0046, 0057), and if a subsequent communication that uses the unique information is received where the controller expects the subsequent communication to use the unique information, then conduct a third communication where the third communication uses the unique information (par 0030, 0046, 0048, 0057-0058).
Regarding claim 28, Roberts discloses a system, comprising: an implantable medical device (par 0029); and an external device, the external device comprising a at least one communication circuit (par 0029), and a controller coupled to the at least one communication circuit (par 0029), the controller being configured to: exchange unique information with the implantable medical device over a first communication (par 0029), exchange a second communication with the implantable medical device where the implantable medical device implements the unique information when exchanging the second communication (pars 0046, 0057), and if a subsequent communication from the implantable medical device that uses the unique information is received where the external device expects the subsequent communication to use the unique information, then conduct a third communication where the third communication uses the unique information par 0030, 0046, 0048, 0057-0058).
Allowable Subject Matter
Claims 19-23, 25-27, and 29-32 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799 5/30/2026
Prosecution Insights