Prosecution Insights
Last updated: September 17, 2026
Application No. 18/701,199

COCHLEAR IMPLANTS HAVING MRI-COMPATIBLE MAGNET APPARATUS AND ASSOCIATED SYSTEMS AND METHODS

Non-Final OA §103
Filed
Apr 12, 2024
Priority
Oct 12, 2021 — CIP of 12/440,668 +1 more
Examiner
HOMZA, LISA NHUNG
Art Unit
3792
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
James George Elcoate Smith
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
689 granted / 794 resolved
+16.8% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
26 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
29.0%
-11.0% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 794 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of Species 1, Figures 1-7, claims 28-31 in the reply filed on 7/9/26 is acknowledged. 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 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2017/0239476). Regarding claim 28, Lee discloses a device comprising: a case (102) defining a central axis; a magnet frame (108) within the case (102) and rotatable about the central axis of the case (102); and only two elongate diametrically magnetized magnets (110) that are located in the frame (108), that each define a longitudinal axis and a N-S direction, that are rotatable about the longitudinal axis relative to the frame (108). Lee teaches the claimed subject as disclosed above, however, fails to explicitly disclose the magnetized magnets that each define a longitudinal axis and a N-S direction, that are separated from one another by a fixed distance (see the drawing below) of about 3.8 mm to about 4.2 mm that is perpendicular to at least one of the longitudinal axes. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to make the magnetized magnets that each define a longitudinal axis and a N-S direction, that are separated from one another by a fixed distance (see the drawing below) of about 3.8 mm to about 4.2 mm that is perpendicular to at least one of the longitudinal axes for the purpose of preventing the outer magnets from crushing or locking the movement of the central magnet. [AltContent: arrow][AltContent: textbox (Fixed distance)] PNG media_image1.png 197 331 media_image1.png Greyscale Regarding claim 29, Lee discloses: the frame (108) includes two receptacles (118); one of the elongate diametrically magnetized magnets (110) is located in each of the receptacles. Lee teaches the claimed subject as disclosed above, however, fails to explicitly disclose the receptacles (118) are separated by about 3.8 mm to about 4.2 mm. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to make the receptacles (118) are separated by about 3.8 mm to about 4.2 mm for the purpose of preventing Arcing, providing an adequate air and surface gap to prevent electrical current from jumping (arcing) between the positive and negative contacts, and avoiding Short Circuits. Regarding claim 30, Lee teaches the claimed subject as disclosed above, however, fails to explicitly disclose the elongate diametrically magnetized magnets (110) are attracted to one another with a magnetic attraction force that is less than 3.0 N. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to make the elongate diametrically magnetized magnets (110) are attracted to one another with a magnetic attraction force that is less than 3.0 N for the purpose of having low magnetic force. Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2017/0239476) in view of Smith et al. (US 2021/0299456). Regarding claim 31, Lee discloses: a headpiece (30, 36, 400) including an axially magnetized magnet (110). However, Lee fails to explicitly disclose the axially magnetized magnet (110b) comprises an N55 magnet having a diameter of about 11.45 mm and a length of about 7.6 mm; and the elongate diametrically magnetized magnets comprise N52 magnets each having a diameter of about 2.3 mm and a length of about 8.3 mm. Smith discloses a device comprising the axially magnetized magnet (110b) comprises an N55 magnet ([see para. 0079]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to make the axially magnetized magnet (110b) comprises an N55 magnet having a diameter of about 11.45 mm and a length of about 7.6 mm; and the elongate diametrically magnetized magnets comprise N52 magnets each having a diameter of about 2.3 mm and a length of about 8.3 mm for the purpose of achieving High Flux Density, Weight Reduction and Geometric Integration that guide the magnetic flux lines exactly where the device needs them. Conclusion Any inquiry concerning this communication should be directed to Lisa Homza whose telephone number is (571) 272-3592. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Shawki Ismail can be reached on (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Lisa Nhung Homza/ Patent Examiner - Art Unit 2837 August 18, 2026 /SHAWKI S ISMAIL/Supervisory Patent Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Apr 12, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §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
87%
Grant Probability
88%
With Interview (+1.3%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 794 resolved cases by this examiner. Grant probability derived from career allowance rate.

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