Prosecution Insights
Last updated: April 19, 2026
Application No. 18/568,658

INTELLIGENT IMPLANTS AND ASSOCIATED COMPONENTS AND ASSEMBLY TOOLS

Non-Final OA §102§103
Filed
Dec 08, 2023
Examiner
WAGGLE, JR, LARRY E
Art Unit
3775
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Canary Medical Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 12m
To Grant
98%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
652 granted / 812 resolved
+10.3% vs TC avg
Strong +18% interview lift
Without
With
+17.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
41 currently pending
Career history
853
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
38.3%
-1.7% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 812 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This action is responsive to the preliminary amendments received on 10 July 2024. Claims 1-19 are currently pending. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S .C. 120, 121, 365(c), or 386(c) is acknowledged. Drawings The drawings received on 08 December 2023 are accepted by the examiner. Claim Objections Claims 18 and 19 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only (see MPEP § 608.01(n)). Accordingly, the claims have not been further treated on the merits. Claim Rejections - 35 USC § 102 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 -5 and 8 -1 0 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bailey et al. (U.S. Patent Application Publication 2019/0192072) . Bailey et al. disclose ( as to claim 1 ) an implantable reporting processor (206) comprising a casing (210) capable of housing at least a portion (i.e. portion received within 210 as best seen in Figure 19A) of an electronics assembly (2 1 4), the casing comprising a distal facing wall (i.e. wall defined by 2024 facing and encircling 2054 as best seen in Figure 19B) and an externally threaded portion (2054) positioned distally from the distal facing wall (positioning as best seen in Figure 19B), the externally threaded portion separated from the distal facing wall by an externally smooth surface (i.e. surface of 210 defining seat for 2052 as best seen in Figures 19A and 19B) ; and a cover (2022) capable of housing an antenna (216) electrically couple to the electronics assembly, wherein the cover comprises an internally threaded portion (i.e. not shown, but see paragraph 0152 referring to 2022 being screwed onto 2054) spaced apart from a proximal edge (i.e. top-most edge of 2022 contacting 2024 as best seen in Figure 19A) of the cover by an internally smooth surface (i.e. surface of 2022 defining seat for 2052 as best seen in Figures 19A and 19B) , wherein the externally threaded portion of the casing is capable of engag ing with the internally threaded portion of the cover (see paragraph 0152), wherein ( as to claim 2 ) at least a portion of the casing comprises a metal material (see paragraph 0140), wherein ( as to claim 3 ) the cover comprises a plastic material (see paragraph 0139), wherein ( as to claim 4 ) the cover comprises a proximally facing edge (i.e. top-most edge of 2022 contacting 2024 as best seen in Figure 19A) , wherein the distal facing wall is capable of abut ting the proximally facing edge of the cover (see Figure 19A, and paragraph 0152 referring to a seal being formed), wherein ( as to claim 5 ) other than the externally and internally threaded portions, the cover only contacts the casing at the proximally facing edge of the cover (i.e. not explicitly discloses; however, it is the examiner’s position that no other contact is made given the configuration as best seen in Figure 19A), wherein ( as to claim 8 ) the internally smooth surface is spaced apart from the externally smooth surface when the cover is coupled to the casing (i.e. to form a seat for 2052, see Figure 19A), wherein ( as to claim 9 ) the distal facing wall is capable of abut ting a proximally facing edge (i.e. top-most edge of 2022 contacting 2024 as best seen in Figure 19A) of the cover so that an outer surface of the casing is flush with an outer surface of the cover ( flush orientation as best seen in Figure 19A ) , and wherein ( as to claim 10 ) the externally threaded portion comprises a reduced diameter (i.e. diameter defined by 2054) compared to a portion (i.e. portion defined by 2024 adjacent 2054) of the casing that is proximal of and adjacent to the distal facing wall (see Figure 19A) ( see Figures 2-21B, and paragraphs 0108-0168 ). 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. 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. Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey et al. (U.S. Patent Application Publication 2019/0192072), as applied to claim 1 above . Bailey et al. disclose the claimed invention except for wherein ( as to claim 6 ) the internally smooth surface of the cover tapers from the proximal edge to the internally threaded portion, and wherein ( as to claim 7 ) the externally smooth surface of the casing is tapered. However, Bailey et al. teach the use of a component (10) comprising an internally smooth surface (i.e. surface defined by 18A) including a taper (see Figure 47C, and paragraph 0503). It would have been obvious to one of ordinary skill in the art before the effect ive filing date of the claimed invention to construct the invention of Bailey et al. with wherein the internally smooth surface of the cover tapers from the proximal edge to the internally threaded portion, and wherein the externally smooth surface of the casing is tapered in view of the teaching of Bailey in order to provide a well-known, obvious shape allowing for easier mating of the cover with respect to the casing to yield predictable results. Furthermore, the applicant has not disclosed that such solves any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a surface shape ( In re Dailey and Eilers , 149 USPQ 47 (1966) ) . Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bailey et al. (U.S. Patent Application Publication 2019/0192072) . Bailey et al. disclose ( as to part of claim 11 ) an implantable reporting processor (206) comprising a casing (210) comprising an externally threaded portion (2054) positioned distally from an externally smooth surface (i.e. surface of 210 defining seat for 2052 as best seen in Figures 19A and 19B) and a distal facing wall (i.e. wall defined by 2024 facing and encircling 2054 as best seen in Figure 19B) adjacent the externally smooth surface (positioning as best seen in Figure 19B); and a cover (2022) comprising an internally threaded portion (i.e. not shown, but see paragraph 0152 referring to 2022 being screwed onto 2054) spaced apart from an edge (i.e. top-most edge of 2022 contacting 2024 as best seen in Figure 19A) of the cover by an internally smooth surface (i.e. surface of 2022 defining seat for 2052 as best seen in Figures 19A and 19B), wherein the externally threaded portion of the casing is capable of engaging with the internally threaded portion of the cover (see paragraph 0152), the edge is capable of abutting the distal facing wall of the casing (see Figure 19A, and paragraph 0152 referring to a seal being formed), other than the externally and internally threaded portions, the cover only contacts the casing at the proximally facing edge of the cover (i.e. not explicitly discloses; however, it is the examiner’s position that no other contact is made given the configuration as best seen in Figure 19A), and the internally smooth surface is spaced apart from the externally smooth surface when the cover is coupled to the casing (i.e. to form a seat for 2052, see Figure 19A), wherein ( as to claim 1 2 ) at least a portion of the casing comprises a metal material (see paragraph 0140), wherein ( as to claim 1 3 ) the cover comprises a plastic material (see paragraph 0139), wherein ( as to claim 14 ) an outer surface of the casing (i.e. surface defined by 2024) is flush with an outer surface (i.e. surface define by 2022) of the cover when the cover is coupled to the casing (flush orientation as best seen in Figure 19A), wherein ( as to claim 15 ) the externally threaded portion comprises a reduced diameter (i.e. diameter defined by 2054) compared to a portion (i.e. portion defined by 2024 adjacent 2054) of the casing that is proximal of and adjacent to the distal facing wall (see Figure 19A), wherein ( as to claim 1 6 ) the implantable reporting processor further comprises an electronics assembly (214) and an antenna (216), wherein the casing is capable of housing the electronics assembly (housing as best seen in Figure 19A) , and wherein ( as to claim 17 ) the cover is capable of housing the antenna (housing as best seen in Figure 19A) (see Figures 2-21B, and paragraphs 0108-0168). Bailey et al. disclose the claimed invention except for wherein ( as to the remainder of claim 11 ) the internally smooth surface of the cover tapers from the edge to the internally threaded portion, and the externally smooth surface of the casing is tapered. However, Bailey et al. teach the use of a component (10) comprising an internally smooth surface (i.e. surface defined by 18A) including a taper (see Figure 47C, and paragraph 0503). It would have been obvious to one of ordinary skill in the art before the effect ive filing date of the claimed invention to construct the invention of Bailey et al. with wherein the internally smooth surface of the cover tapers from the edge to the internally threaded portion, and the externally smooth surface of the casing is tapered in view of the teaching of Bailey in order to provide a well-known, obvious shape allowing for easier mating of the cover with respect to the casing to yield predictable results. Furthermore, the applicant has not disclosed that such solves any stated problem or is anything more than one of numerous shapes or configurations a person ordinary skill in the art would find obvious for the purpose of providing a surface shape ( In re Dailey and Eilers , 149 USPQ 47 (1966) ) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LARRY E WAGGLE, JR whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7110 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT TEAP: Monday - Friday (7:45am - 3:45pm) . 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, FILLIN "SPE Name?" \* MERGEFORMAT Kevin Truong can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-4705 . 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. /LARRY E WAGGLE, JR/ Primary Examiner, Art Unit 3775
Read full office action

Prosecution Timeline

Dec 08, 2023
Application Filed
Mar 18, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
98%
With Interview (+17.6%)
2y 12m
Median Time to Grant
Low
PTA Risk
Based on 812 resolved cases by this examiner. Grant probability derived from career allow rate.

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