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 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.
(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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (US 2015/0172423; hereinafter “Wu”).
Regarding claim 1, Wu discloses a communication adapter for use with an implantable medical device, in particular a pacemaker, a defibrillator and/or a neuro-stimulator, for transferring data between the implantable medical device and a mobile device, in particular a smartphone or tablet (e.g. ¶¶ 26), comprising: a MICS telemetry interface for data transfer between the communication adapter and the implantable medical device (e.g. ¶¶ 12); and a mobile device wireless transmission interface, in particular a Bluetooth LE interface, for data transfer between the communication adapter and the mobile device (e.g. ¶¶ 16), wherein the communication adapter is configured to be powered by an energy source, in particular a battery or an inductive energy source (e.g. ¶¶ 2, 67 – “conserve battery power”), and wherein the communication adapter is configured to transfer data sent via the MICS telemetry interface by the implantable medical device to the mobile device via the mobile device wireless transmission interface and to transfer data sent via the mobile device wireless transmission interface by the mobile device to the implantable medical device via the MICS telemetry interface (e.g. ¶¶ 27-31, 38, etc.).
Regarding claim 13, Wu discloses a computer implemented method for transferring data between an implantable medical device, in particular a pacemaker, a defibrillator and/or a neuro-stimulator, and a mobile device, in particular a smartphone or tablet computer, by means of a communication adapter (e.g. ¶¶ 26), comprising the steps of: providing a MICS telemetry interface for data transfer between the communication adapter and the implantable medical device (e.g. ¶¶ 12); providing a mobile device wireless transmission interface (24,124), in particular a Bluetooth LE interface for data transfer between the communication adapter and the mobile device (e.g. ¶¶ 16); and providing an energy source, in particular a battery or an inductive energy source, configured to power the communication adapter (e.g. ¶¶ 2, 67 – “conserve battery power”), wherein the communication adapter transfers data sent via the MICS telemetry interface by the implantable medical device to the mobile device via the mobile device wireless transmission interface and transfers data sent via the mobile device wireless transmission interface by the mobile device to the implantable medical device via the MICS telemetry interface (e.g. ¶¶ 27-31, 38, etc.).
Regarding claim 2, Wu discloses the communication adapter is configured to use a first encryption and/or authentication method for MICS band communication and a second encryption and/or authentication method for mobile device wireless communication (e.g. ¶¶ 43).
Regarding claim 3, Wu discloses the MICS telemetry interface comprises a MICS-band-radio module comprising an encryption unit, in particular a hardware- and/or software-based encryption unit, configured to encrypt a communication between the MICS telemetry interface and the implantable medical device (e.g. ¶¶ 43 – “encryption circuit 406”).
Regarding claim 4, Wu discloses the communication adapter comprises an authentication unit, in particular a hardware- and/or software-based authentication unit, configured to authenticate a user of the mobile device in order to access patient- related data stored in a data storage unit of the communication adapter and/or the implantable medical device (e.g. ¶¶ 43 – “encryption circuit 406 uses a predetermined encryption code, such as a 128 bit Advanced Encryption Standard, that is designated by the user and/or received by the external device”).
Regarding claim 5, Wu discloses the communication adapter comprises or is connected to at least a first MICS- band antenna, a second MICS-band antenna and a Bluetooth-band antenna (e.g. ¶¶ 4, 31-34, 75, etc.).
Regarding claim 6, Wu discloses the communication adapter is integratable into a protective case of the mobile device (e.g. ¶¶ 18, 38, 47-48, etc.).
Regarding claim 7, Wu discloses the communication adapter is configured to be supplied with power by means of a reverse wireless charging function of the mobile device, in particular in accordance to the Qi standard (e.g. ¶¶ 34).
Regarding claim 8, Wu discloses the communication adapter comprises a non-volatile buffer configured to at least temporarily store information and transfer it to the implantable medical device and/or the mobile device at a later time (e.g. ¶¶ 41-44 – “memory buffer for compilation into a MICS data packet”).
Regarding claim 9, Wu discloses the communication adapter is adapted such that the energy source is replaceable or rechargeable (e.g. ¶¶ 2).
Regarding claim 10, Wu discloses the communication adapter is configured to support multi-channel ECG data transmission having a latency of less than 1 second, in particular less then than 0.1 seconds, to the mobile device, and wherein a maximum data rate for MICS communication is at least 190kbit/s (e.g. ¶¶ 28 – “Data is transmitted into data packets at a basic rate of 1 Mbps or an enhanced data rate of 2 or 3 Mbps”).
Regarding claim 11, Wu discloses an adhesive film attachable to the mobile device and the communication adapter of any one of second MICS-band antenna and the Bluetooth-band antenna, wherein the first MICS-band antenna, the second MICS-band antenna and the Bluetooth- band antenna are arranged on a surface of the adhesive film (e.g. ¶¶ 3-8, 75, etc.).
Regarding claim 12, Wu discloses a Protective Qi-compatible battery case, for a mobile device comprising a frame mountable around an edge of the mobile device, in particular a smartphone or tablet computer; and the communication adapter (e.g. ¶¶ 3-8, 26, etc.).
Regarding claims 14-15, Wu discloses the program is executed on a computer, and/or data carrier containing program code of a computer program for performing the method when the computer program is executed on the computer (e.g. ¶¶ 70 – “method 500 may be implemented as a software algorithm, package, or system that directs one or more hardware circuits or circuitry to perform the actions described herein”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796