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 1 in the reply filed on 1/19/2026 is acknowledged. Claims 11 and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/17/2023 and 2/12/2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-4 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang et al. (Applicant-cited NPL entitled “Expandable and implantable bioelectronic complex for analyzing and regulating real-time activity of the urinary bladder”, hereinafter Jang).
The applied reference has commonly named inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(1). Since the applicant has already perfected a foreign priority date of 11/11/2021, this rejection under 35 U.S.C. 102(a)(1) might be overcome by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(1)(A).
Regarding claims 1, 2 and 4, Jang discloses a bio-implantable bladder treatment system as seen in figure 1. The device includes an elastomeric electronic web having an inner ring portion, an outer ring support portion outside the inner ring portion and auxiliary support portions connecting the inner and outer portions, the web installable to cover an outer circumference of the blader, and an electronic thread inserted into the electronic web to measure a state of the bladder (pages 2 and 3 and figures 1 and 2).
Regarding claim 3, as seen in figure 1B, the auxiliary portion has circular buckles with holes through which the electronic thread is inserted.
Regarding claims 7-10, as seen in figures 1 and 2, the electronic thread includes a support structure with a strain sensor, a temperature sensor, an EMG sensor and therapeutic stimulus generation members in the form of LEDs attached thereto (pages 2 and 3).
Claims 1, 2 and 4-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagale et al. (US 2013/0090648, hereinafter Nagale).
Regarding claims 1, 2, 4, 7, 8 and 10, Nagale discloses a bio-implantable bladder treatment system 100 as seen in figures 6-8. The device includes an elastomeric electronic web 110 having an inner ring portion, an outer ring support portion outside the inner ring portion and auxiliary support portions connecting the inner and outer portions, the web installable to cover an outer circumference of the blader, and an electronic thread 118 inserted into the electronic web, the device configured to measure a state of the bladder using mechanical (“strain”) or electrical (“EMG”) sensor module 122 attached to a support plate of the web (figure 6 and par. 0066-0069 and 0075).
Regarding claims 5, 6 and 9, Nagale discloses a plurality of electrodes (“therapeutic stimulus generation member”) for generating electrical stimulus (par. 0070-0076).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nagale.
Nagale shows electronic threads attached to the electronic web, but is silent as to exactly HOW the threads are attached. The Examiner takes Official Notice that the use of buckles is a common and well known attachment mechanism and it would have been obvious to one of ordinary skill in the art before the applicant’s effective filing date to use a buckle to attach the thread to the web in order to produce the predictable outcome of creating a stable and reliable connection without changing the overall purpose or operation of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric D Bertram whose telephone number is (571)272-3446. The examiner can normally be reached Monday-Friday 8am-6pm Central Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eric D. Bertram/Primary Examiner, Art Unit 3796