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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US Publication no. 2019/0290905).
In regard to claim 1, Yang et al. disclose a system for providing therapy to a heart of a patient, the system comprising:
an implantable device 10 (figures 2 and 4) configured to be implanted proximate the heart of the patient (para 46, may be implanted in the basal or septal region of the left ventricular myocardium, which is a position considered proximate or near a heart), the implantable device comprising:
an anchoring element 20 configured to maintain the position of the implantable device after implantation in the patient (para 48, one or more fixation members 20 that anchor a distal end of the device against the atrial endocardium in a target implant region);
at least one sensing electrode 22, 24, or 42 configured to sense electrical activity of the heart (para 57 and 62 describe electrodes used for sensing, figure 4 shows electrodes 22, 24, and 42 connected to sensing circuit 86); and
at least two pacing electrodes configured to deliver electrical stimulation energy to tissue of the heart (para 57 and 62 describe electrodes used for therapy such as pacing, figure 4 shows electrodes 22, 24, and 42 connected to therapy delivery circuit 84);
a communication device comprising a transceiver configured to transmit energy to the implantable device (para 84, device 10 comprises telemetry circuit 88 that includes a transceiver and antenna for communicating with an external device such as a programmer or home monitor; the teaching that an external programmer may communicate with device 10 implies that a communication device as claimed is part of the disclosed structure, or in the very least contemplated as part of the structure), and
a controller including one or more algorithms (control circuit 80), wherein the one or more algorithms are executable to determine parameters of the stimulation energy to be delivered (para 84, circuit 80 includes control parameters (i.e., algorithms) for sensing cardiac events and controlling pacing therapy delivery, the control parameters may be programmed into the memory 82 via the telemetry circuit 88).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references relate to conformable substrates attachable to an epicardial surface for providing sensing and pacing functions:
Efimov et al. (US Publication no. 2018/0235692 – disclosed by Applicant) see para 33;
Linder et al. (US Publication no. 2018/0140850) para 23;
Rogers et al. (US Publication no. 2013/0041235) para 268, 270;
De Graff et al. (US Publication no. 2011/0034912) para 9;
Callas et al. (US Publication no. 2007/0043416) figure 4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN T GEDEON whose telephone number is (571)272-3447. The examiner can normally be reached M-F 8:00 am to 5:30 PM ET.
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/BRIAN T GEDEON/Primary Examiner, Art Unit 3796 7 November 2025
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