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 of species A2, B2, and C3 in the reply filed on 07/09/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The examiner will examine and search claims 1, 3-10, 12, and 14-21.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-10, 12, and 14-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) an abstract idea that can be carried out with the human mind, pen/pencil and a piece of paper. This judicial exception is not integrated into a practical application because structural features if any are generic. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the structural features if any are generic and provide well known and/or conventional functions.
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, 3-10, 12, and 14-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiao et al. (U.S. Patent Application Publication 2022/0249850).
Regarding claim 1, Qiao et al. disclose a method and system/device comprising:
obtaining information indicative of an activity level of the patient (see abstract, [0013]-[0015], and [0044] for example);
identifying which one of the plurality of different conductive communication vectors is a preferred conductive communication vector for communicating with the second device, based on the information indicative of the activity level of the patient (see [0053], and [0069]-[0071] for example); and
performing the conductive communication with the second device using the preferred conductive communication vector (see [0053], and [0069]-[0071] for example).
With respect to the device see the 1) conductive communication circuitry (see the circuitry shown in figure 3); switches (see [0058]-[0062] for example) between the conductive communication circuitry and at least three electrodes (see figures 1 and 3) that are part of or communicatively coupled to the device; and a controller (“programmable microcontroller 360,” see [0057]-[0061] and figure 3) that carries out the method steps recited above.
Regarding claims 3 and 14, Qiao et al. disclose the claimed invention see [0079].
Regarding claims 4 and 15, Qiao et al. disclose the claimed invention see abstract, [0010]-[0015], [0081]-[0083] for example.
Regarding claims 5-6 and 16-17, Qiao et al. disclose the claimed invention see figure 1.
Regarding claims 7 and 18, Qiao et al. disclose the claimed invention see element 125, 126, and 127 of figure 1.
Regarding claims 8-9 and 19-20, Qiao et al. disclose the claimed invention see figure 1.
Regarding claims 10 and 21, Qiao et al. disclose the claimed invention see [0014] and [0119].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON F ROANE/Primary Examiner, Art Unit 3792
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