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 § 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.
Claims 114-115, 120-123 and 125-133 are rejected under 35 U.S.C. 103 as being unpatentable over DeRouin et al. (“A Wireless Sensor for Real-Time Monitoring of Tensile Force on Sutured Wound Sites”, see attached publication) in view of Sparks et al. (U.S. Publication No. 20080077016).
Regarding claim 114, DeRouin teaches an implantable sensor, comprising: a sensor body configured to connect to a suture (Abstract).
DeRouin is silent about a resonant circuit embedded within the sensor body, wherein the resonant circuit is configured to electrically resonate at a resonant frequency when exposed to a first electromagnetic field and to emit a second remotely detectable electromagnetic field; wherein a deformation of the sensor body in response to a tensile force applied by the suture is configured to change a resonant parameter of the resonant circuit in response to the deformation.
Sparks teaches a resonant circuit embedded within the sensor body (Paragraph 24, “the implant 110 contains an inductor coil 112 and a fixed capacitor 114, which together form an LC circuit that has a specific resonant frequency”), wherein the resonant circuit is configured to electrically resonate at a resonant frequency when exposed to a first electromagnetic field and to emit a second remotely detectable electromagnetic field (Paragraph 30, “The sensing coil 212 is connected to the signal conditioning circuit 226 on the IC chip 220, such that changes in the inductance of the sensing coil 212 are detected and processed by the signal conditioning circuit 226, which in turn prepares the processed output signal for transmission to the readout unit 230 via the signal transmission circuit 224 and coil 222. In this manner, the reader unit 230 is able to monitor strain, pressure, or other conditions capable of causing movement of the sensing coil 212 by monitoring the output of the implant 210”); wherein a deformation of the sensor body in response to a tensile force applied by the structure is configured to change a resonant parameter of the resonant circuit in response to the deformation (Paragraph 39, “The implants 110/210 are placed such that mechanical stresses and forces on the rigid structures 150 will affect the spacing between portions of the conductors 120 of the coils 112/212, leading to an inductance change that can be detected with the readout unit 130/230”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use Sparks’ resonant circuit to measure DeRouin’s tensile force applied by the suture because resonant circuit provides high precision and stability, also resonant circuit covers a wide range of forces.
Regarding claim 115, the combination of DeRouin and Sparks teaches all the features of claim 114 as outlined above, DeRouin further teaches wherein the sensor body comprises a biodegradable material (Page 1671, left column, paragraph 5).
Regarding claim 120, the combination of DeRouin and Sparks teaches all the features of claim 114 as outlined above, DeRouin further teaches wherein the sensor body comprises a coupling mechanism configured to receive the suture (As shown in Fig.1).
Regarding claim 121, the combination of DeRouin and Sparks teaches all the features of claim 114 as outlined above, Sparks further teaches wherein the resonant circuit comprises an inductor coil, wherein the resonant frequency of the resonant circuit is determined at least in part by an inductance of the inductor coil and an inherent parasitic capacitance of the inductor coil (Paragraph 24).
Regarding claim 122, the combination of DeRouin and Sparks teaches all the features of claim 121 as outlined above, Sparks further teaches wherein the deformation of the sensor body is configured to change the inductance of the inductor coil or the parasitic capacitance (Paragraph 24).
Regarding claim 123, the combination of DeRouin and Sparks teaches all the features of claim 114 as outlined above, DeRouin further teaches the suture connected to the sensor body (As shown in Fig.1).
Regarding claim 125, DeRouin teaches an implantable sensor, comprising: a sensor assembly configured to connect to a suture.
DeRouin is silent about wherein the sensor assembly includes a substrate and a resonant circuit coupled to the substrate; wherein the resonant circuit is configured to electrically resonate at a resonant frequency when exposed to a first electromagnetic field and to emit a second remotely detectable electromagnetic field; wherein the substrate is configured to deform in response to a tensile force applied by the suture and to change a resonant parameter of the resonant circuit in response to the deformation.
Sparks teaches wherein the sensor assembly includes a substrate and a resonant circuit coupled to the substrate (Paragraphs 22-24); wherein the resonant circuit is configured to electrically resonate at a resonant frequency when exposed to a first electromagnetic field and to emit a second remotely detectable electromagnetic field (Paragraph 30, “The sensing coil 212 is connected to the signal conditioning circuit 226 on the IC chip 220, such that changes in the inductance of the sensing coil 212 are detected and processed by the signal conditioning circuit 226, which in turn prepares the processed output signal for transmission to the readout unit 230 via the signal transmission circuit 224 and coil 222. In this manner, the reader unit 230 is able to monitor strain, pressure, or other conditions capable of causing movement of the sensing coil 212 by monitoring the output of the implant 210”); wherein the substrate is configured to deform in response to a tensile force applied by the structure and to change a resonant parameter of the resonant circuit in response to the deformation (Paragraph 39, “The implants 110/210 are placed such that mechanical stresses and forces on the rigid structures 150 will affect the spacing between portions of the conductors 120 of the coils 112/212, leading to an inductance change that can be detected with the readout unit 130/230”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use Sparks’ resonant circuit to measure DeRouin’s tensile force applied by the suture because resonant circuit provides high precision and stability, also resonant circuit covers a wide range of forces.
Regarding claim 126, the combination of DeRouin and Sparks teaches all the features of claim 125 as outlined above, Sparks further teaches wherein the resonant circuit comprises at least one inductor connected to at least one capacitor, wherein the resonant frequency of the resonant circuit is determined at least by an inductance of the at least one inductor and a capacitance of the at least one capacitor (Paragraphs 24-35).
Regarding claim 127, the combination of DeRouin and Sparks teaches all the features of claim 126 as outlined above, Sparks further teaches wherein the resonant circuit further comprises a resistive transducer having a resistance that varies in response to a deformation of the resistive transducer caused by the deformation of the substrate (Paragraph 42).
Regarding claim 128, the combination of DeRouin and Sparks teaches all the features of claim 126 as outlined above, Sparks further teaches wherein the deformation of the substrate is configured to change the inductance of the at least one inductor or the capacitance of the at least one capacitor, thereby changing the resonant frequency of the resonant circuit (Paragraphs 24-35).
Regarding claim 129, the combination of DeRouin and Sparks teaches all the features of claim 126 as outlined above, Sparks further teaches wherein the resonant circuit comprises a resistive transducer having a resistance that varies in response to the deformation (Paragraph 42); wherein the resonant circuit has a resonance quality factor determined at least by an inductance of the at least one inductor, a capacitance of the at least one capacitor, and the resistance of the resistive transducer (Inherent); wherein the deformation of the substrate is configured to deform the resistive transducer, thereby changing the resistance of the resistive transducer (Paragraph 42) and the resonance quality factor of the resonant circuit (Inherent).
Regarding claim 130, the combination of DeRouin and Sparks teaches all the features of claim 125 as outlined above, Sparks further teaches wherein the substrate comprises an enclosure enclosing the resonant circuit; wherein the resonant circuit comprises at least one inductor and at least one capacitor, wherein the resonant circuit has a resonant frequency determined at least in part by an inductance of the at least one inductor and a capacitance of the at least one capacitor; wherein the enclosure is configured to deform in response to the tensile force applied by the structure; wherein the deformation of the enclosure is configured to change the inductance of the at least one inductor and/or the capacitance of the at least one capacitor, thereby changing the resonant frequency of the resonant circuit (Paragraphs 24-35).
DeRouin further teaches the suture (Abstract).
Regarding claim 131, the combination of DeRouin and Sparks teaches all the features of claim 125 as outlined above, Sparks further teaches wherein the substrate comprises an enclosure enclosing the resonant circuit; wherein the resonant circuit comprises at least one inductor, at least one capacitor, and a resistive transducer having a resistance that varies in response to the deformation (Paragraph 42); wherein the resonant circuit has a resonance quality factor determined at least by an inductance of the at least one inductor, a capacitance of the at least one capacitor (Inherent), and the resistance of the resistive transducer; wherein the enclosure is configured to deform in response to the tensile force applied by the structure; wherein the deformation of the enclosure is configured to deform the resistive transducer, thereby changing the resistance of the resistive transducer (Paragraph 42) and the resonance quality factor of the resonant circuit (Inherent).
DeRouin further teaches the suture (Abstract).
Regarding claim 132, the combination of DeRouin and Sparks teaches all the features of claim 125 as outlined above, Sparks further teaches wherein the resonant circuit comprises at least one inductor, at least one capacitor, and a resistive transducer having a resistance that varies in response to the deformation (Paragraph 42); wherein the resonant circuit has a resonance quality factor determined at least by an inductance of the at least one inductor, a capacitance of the at least one capacitor, and the resistance of the resistive transducer (Inherent); wherein the deformation of the substrate is configured to deform the resistive transducer, thereby changing the resistance of the resistive transducer (Paragraph 42) and the resonance quality factor of the resonant circuit (Inherent).
Regarding claim 133, DeRouin teaches a system, comprising: a medical implant configured to be implanted inside a body of a patient; and a detector located outside the body of the patient; wherein the medical implant comprises a sensor and a suture connected to the sensor (Abstract and Fig.1).
DeRouin is silent about wherein the sensor comprises a substrate and a resonant circuit coupled to the substrate, wherein a tensile force applied by the suture is configured to cause a deformation of the substrate which changes a resonant parameter of the resonant circuit; wherein the detector is configured to wirelessly detect the change of the resonant parameter.
Sparks teaches wherein the sensor comprises a substrate and a resonant circuit coupled to the substrate (Paragraphs 22-24), wherein a tensile force applied by the structure is configured to cause a deformation of the substrate which changes a resonant parameter of the resonant circuit; wherein the detector is configured to wirelessly detect the change of the resonant parameter (Paragraph 39, “The implants 110/210 are placed such that mechanical stresses and forces on the rigid structures 150 will affect the spacing between portions of the conductors 120 of the coils 112/212, leading to an inductance change that can be detected with the readout unit 130/230”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use Sparks’ resonant circuit to measure DeRouin’s tensile force applied by the suture because resonant circuit provides high precision and stability, also resonant circuit covers a wide range of forces.
Claims 116-119 are rejected under 35 U.S.C. 103 as being unpatentable over DeRouin et al. (“A Wireless Sensor for Real-Time Monitoring of Tensile Force on Sutured Wound Sites”, see attached publication) in view of Sparks et al. (U.S. Publication No. 20080077016) and Chen et al. (U.S. Publication No. 20090299216).
Regarding claim 116, the combination of DeRouin and Sparks teaches all the features of claim 114 as outlined above, the combination of DeRouin and Sparks is silent about wherein the sensor body comprises a top portion, a base portion, and one or more legs connecting the top portion to the base portion, wherein the top portion comprises a first layer and a second layer, wherein the resonant circuit is disposed between the first layer and the second layer.
Chen teaches wherein the sensor body comprises a top portion, a base portion, and one or more legs connecting the top portion to the base portion (As shown in Fig.4, 110 is the top portion, 143 is the back portion and there are two legs connecting the top portion ), wherein the top portion comprises a first layer and a second layer, wherein the resonant circuit is disposed between the first layer and the second layer (As shown in Fig.4, the coil 120 is disposed within the substrate 110).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use Chen’s resonant circuit to measure DeRouin’s tensile force applied by the suture because Chen’s resonant circuit structure would provide high resolution and reliable measurement, also it allows measurements to be practicably made over an extended period of time as taught by Chen.
Regarding claim 117, the combination of DeRouin, Sparks and Chen teaches all the features of claim 116 as outlined above, DeRouin further teaches wherein the substrate is biodegradable (Page 1671, left column, paragraph 5).
Chen further teaches wherein the resonant circuit is printed on a substrate sandwiched between the first layer and the second layer (As shown in Fig.4, the coil 120 is disposed within the substrate 110).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use Chen’s resonant circuit to measure DeRouin’s tensile force applied by the suture because Chen’s resonant circuit structure would provide high resolution and reliable measurement, also it allows measurements to be practicably made over an extended period of time as taught by Chen.
Regarding claim 118, the combination of DeRouin, Sparks and Chen teaches all the features of claim 116 as outlined above, Chen further teaches wherein the base portion comprises a conductive layer or another resonant circuit (Fig.3A, 137).
Regarding claim 119, the combination of DeRouin, Sparks and Chen teaches all the features of claim 118 as outlined above, the combination of DeRouin, Sparks and Chen is silent about wherein the conductive layer is biodegradable.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to use biodegradable material for the conductive layer, since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) ready for improvement to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Claim 124 is rejected under 35 U.S.C. 103 as being unpatentable over DeRouin et al. (“A Wireless Sensor for Real-Time Monitoring of Tensile Force on Sutured Wound Sites”, see attached publication) in view of Sparks et al. (U.S. Publication No. 20080077016) and Ho et al. (U.S. Publication No. 20220401031).
Regarding claim 124, the combination of DeRouin and Sparks teaches all the features of claim 123 as outlined above, the combination of DeRouin and Sparks is silent about wherein the suture comprises a conductive polymer.
Ho teaches wherein the suture comprises a conductive polymer (Paragraph 28).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to cover DeRouin’s suture with a conductive polymer because it provides DeRouin’s suture with good electrical conductivity without compromising on strength and pliability as taught by Ho.
Conclusion
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/XIN Y ZHONG/ Primary Examiner, Art Unit 2855