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 .
Priority
Applicant’s claim for domestic benefit under 35 U.S.C. 119(e) is acknowledged.
Information Disclosure Statement
The information disclosure statement submitted has been considered by the Examiner and made of record in the application file.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Consider claims 1 and 16, recitation “circuit board attached transceiver” in line 18 and 19, respectively, is indefinite. The “transceiver” as recited is indefinite since it is unclear whether it is the same previously recited transceiver or a new additional transceiver.
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 5, 9, and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Christman USPN 2007/0288066 in view of Shamim USPN 2010/0099367.
Consider claim 1, Christman discloses a dual-band implantable/wearable device (see [0005]: “…an implantable medical device having radio-frequency telemetry capabilities. The device includes a housing and electronic circuitry contained within the housing…”) including: a transceiver (see fig. 3C: 342) comprising: a first antenna (see fig. 3C: 340-1); a second dedicated radio-frequency transceiver circuitry 342 connected to the array via logic 346. In this embodiment all antennas in the array can be actively transmitting or receiving at the same time…”); a receiver including a dual receiver chain having a first receiver chain and a second receiver chain (see fig. 3C: multiple “RF I/O”, i.e., multiple transmit receive chains; [0034]: “…antenna has dedicated radio-frequency transceiver circuitry 342 connected to the array via logic 346. In this embodiment all antennas in the array can be actively transmitting or receiving at the same time…”), the first receiver chain being in electrical communication with the first multiple radio-frequency telemetry antennas, according to one embodiment. According to various embodiments, the method 600 includes forming an antenna assembly, including forming an array of antennas adapted to facilitate transmission and reception of modulated radio-frequency energy at one or more specified carrier frequencies…”); a dual-band dual-port frequency band (see fig. 3C; [0037]: “…IMD having multiple radio-frequency telemetry antennas, according to one embodiment. According to various embodiments, the method 600 includes forming an antenna assembly, including forming an array of antennas adapted to facilitate transmission and reception of modulated radio-frequency energy at one or more specified carrier frequencies…”); and a power management unit configured to supply power to the receiver and the dual-band dual-port
However, Christman does not explicitly disclose circuit board and on-chip antennas and LC oscillator transmitter.
In the related field of endeavor, Shamim discloses circuit board and on-chip antennas and LC oscillator transmitter (see fig. 1: circuit board, on-chip antenna and RX TX; [0019-0021]: “…present invention provides a radio frequency (RF) transmitter comprising: a substrate carrying a monolithically integrated RF oscillator transmitter (TX) comprising an on-chip dual mode active antenna … preferred embodiment of the VCO TX comprises LC cross-coupled differential VCO topology…”).
Therefore, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to combine the multi-frequency transceiver of Christman with the antenna and transceiver of Shamim to arrive at a miniaturized small form factor implantable medical device in order to provide user friendliness.
Consider claim 2 as applied to respective claim, Christman as modified discloses simultaneous transmission or reception in both frequency bands (see [0034;0037]: “…Each antenna has dedicated radio-frequency transceiver circuitry 342 connected to the array via logic 346. In this embodiment all antennas in the array can be actively transmitting or receiving at the same time…array of antennas adapted to facilitate transmission and reception of modulated radio-frequency energy at one or more specified carrier frequencies”).
Consider claim 5 as applied to respective claim, Christman as modified discloses the transceiver is configured to be interconnected to with external sensors, capacitors, controller units, and a single battery (see fig. 4: 445 425 405 450).
Consider claim 9 as applied to respective claim, Christman as modified discloses the first frequency band is a 915 MHz band and the second frequency band is a 2.4 GHz band (see [0024]: “…far-field transmission and reception of modulated radio-frequency energy at one or more specified carrier frequencies. In various embodiments, the specified carrier frequency includes frequencies within the range from 300 MHz to 1 GHz. The antenna can be scaled for other frequency ranges, in various embodiments. For example, frequencies in S-band (ranging from 2.0-4.0 GHz)…”).
Examiner Note: See detailed rejection analysis of independent claim 1 for any remaining independent claim rejections.
Consider claim 16, Christman discloses a system for monitoring a subject comprising: a dual-band implantable/wearable device including (see figs. 3A-C; [0005;0034;0037]): a transceiver comprising: a first on-chip antenna; a second on-chip antenna, the first on-chip antenna and the second on-chip antenna being mutually coupled (see figs. 3A-C; [0005;0034;0037]); a receiver including a dual receiver chain having a first receiver chain and a second receiver chain, the first receiver chain being in electrical communication with the first on-chip antenna and configured to operate within a first frequency band and the second receiver chain being in electrical communication with the second on-chip antenna and configured to operate within a second frequency band (see figs. 3A-C; [0005;0034;0037]); a dual-band dual-port LC oscillator-based transmitter in electrical communication with the first on-chip antenna and the second on-chip antenna and configured transmit data within the first frequency band and/or the second frequency band (see figs. 3A-C; [0005;0034;0037]); and a power management unit configured to supply power to the receiver and the dual-band dual-port LC oscillator-based transmitter (see figs. 3A-C; [0005;0034;0037]); and a circuit board attached transceiver, the circuit board including any combination of capacitors, controller units, and a single battery (see fig. 4: power supply 455); and at least one external device attached to the subject and in electrical communication with the dual-band implantable/wearable device (see fig. 4: 425 455).
However, Christman does not explicitly disclose circuit board and on-chip antennas and LC oscillator transmitter.
In the related field of endeavor, Shamim discloses circuit board and on-chip antennas and LC oscillator transmitter (see fig. 1: circuit board, on-chip antenna and RX TX; [0019-0021]: “…present invention provides a radio frequency (RF) transmitter comprising: a substrate carrying a monolithically integrated RF oscillator transmitter (TX) comprising an on-chip dual mode active antenna … preferred embodiment of the VCO TX comprises LC cross-coupled differential VCO topology…”).
Therefore, it would have been obvious to one of ordinary skill in the art at a time before the effective filing date of the claimed subject matter to combine the multi-frequency transceiver of Christman with the antenna and transceiver of Shamim to arrive at a miniaturized small form factor implantable medical device in order to provide user friendliness.
Consider claim 17 as applied to respective claim, Christman as modified discloses the external device is a drug delivery system (see [0035]: “…other types of therapy, such as drug delivery…”).
Consider claim 18 as applied to respective claim, Christman as modified discloses the external device is a neural interface (see [0035]: “…delivered by the stimulation circuit 435 through the lead 420 and the electrode(s) 425 to stimulate the myocardia or a neural target…”).
Consider claim 19 as applied to respective claim, Christman as modified discloses the external device is a blood pressure sensor, a heart rate sensor, an ECG, a vital sign sensor, and/or an intraocular pressure sensor (see [0019]: “…blood pressure monitors…”).
Consider claim 20 as applied to respective claim, Christman as modified discloses the dual-band implantable/wearable device is configured for simultaneous transmission or reception in both frequency bands (see [0034;0037]: “…Each antenna has dedicated radio-frequency transceiver circuitry 342 connected to the array via logic 346. In this embodiment all antennas in the array can be actively transmitting or receiving at the same time…array of antennas adapted to facilitate transmission and reception of modulated radio-frequency energy at one or more specified carrier frequencies”).
Consider claim 21 as applied to respective claim, Christman as modified discloses the dual-band implantable/wearable device is in wireless communication with the at least one external device (see [0035]: “…telemetry circuit 415 and antenna array 414 (such as the antenna array depicted in FIG. 1) allow communication with an external communication, monitoring or control device, such as programmer 430…”).
Consider claim 22 as applied to respective claim, Christman as modified discloses the dual-band implantable/wearable device is in wireless communication with a computing device (see [0035]: “…telemetry circuit 415 and antenna array 414 (such as the antenna array depicted in FIG. 1) allow communication with an external communication, monitoring or control device, such as programmer 430…”).
Allowable Subject Matter
Claims 3-4, 6-8, and 10-15 are allowable over prior art. However, requirement to overcome the 112 rejection remains.
The following is a statement of reasons for the indication of allowable subject matter: claim language as recited.
Conclusion
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Examiner should be directed to Fayyaz Alam whose telephone number is (571) 270-1102. The Examiner can normally be reached on Monday-Friday from 9:30am to 7:00pm.
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Fayyaz Alam
November 28, 2025
/FAYYAZ ALAM/
Primary Examiner, Art Unit 2674