Prosecution Insights
Last updated: April 18, 2026
Application No. 18/712,367

IMPLANTABLE PULSE GENERATOR

Non-Final OA §103
Filed
May 22, 2024
Examiner
TRAN, THIEN JASON
Art Unit
3792
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BIOTRONIK SE & Co. KG
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
93%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
51 granted / 70 resolved
+2.9% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
47 currently pending
Career history
117
Total Applications
across all art units

Statute-Specific Performance

§101
23.0%
-17.0% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 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 . 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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over AGHASSIAN et al. US Pub.: US 20100305663 A1, hereinafter Aghassian in view of Arbabian et al. US Pub.: US 20170125892 A1, hereinafter Arbabian. Regarding claim 1, Aghassian teaches an implantable pulse generator (IPG, 100) for neurostimulation of a patient's body having a recharging unit (152) with a rechargeable battery (26) (fig. 5-6; paragraph 24 and 27); adapted to receive energy from a separate charger (50) utilizing inductive or resonant magnetic power transfer from a primary coil (88) of the charger (50) to a secondary coil (18) of the recharging unit (fig. 5-6; paragraph 24 and 27-29); Coils 88 is used to create a magnetic charging field 174 which is received and rectified at the IPG 100 and used to charging the IPG's battery 26. The link between primary coils 88 and secondary coil 18 provide power 174 to the IPG 100. wherein the IPG further comprises a processing unit (154) (fig. 5-6; paragraph 24 and 27). However, Aghassian does not teach wherein the recharging unit is adapted to communicate information from the IPG to the charger utilizing capacitive load shift keying (C-LSK) and resistive load shift keying (R-LSK), wherein the processing unit is adapted to control one or both of: dynamical selection of either C-LSK or R-LSK for communication of a pre-defined information, or (*The claim is in the alternative) usage of both C-LSK and R-LSK for communication of a pre-defined information in a pre-defined sequence dependent on one or both of: an actual measured value of at least one parameter of the electric circuitry of the recharging unit, or the type of information which is to be communicated to the charger. Arbabian, in the same field of endeavor, teaches wherein the recharging unit (215) is adapted to communicate information from the IPG to the charger utilizing capacitive load shift keying (C-LSK) and resistive load shift keying (R-LSK), wherein the processing unit (230) is adapted to control one or both of (fig. 2; paragraph 167): dynamical selection of either C-LSK or R-LSK for communication of a pre-defined information (fig. 2; paragraph 167). The load circuit can comprise any circuit having transistors, or resistors, or capacitors, and/or switches, or any combinations of these elements. Multiple modulation schemes may utilize load shift keying using combination of resistors and capacitors specifically. Therefore, a dynamic selection between for C-LSK and R-LSK communication is disclosed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the load circuitry and processing system of Aghassian with the added resistors and capacitors from Arbabian for the benefit of optimizing a closed loop power system control and to determine time slots for power transfer communication with different states of the load circuit. Regarding claims 2 and 10, Aghassian in view of Arbabian teaches the claimed invention and Aghassian further teaches wherein the at least one parameter of the electric circuitry of the recharging unit (104.d) is one of: the DC link voltage (VPLnk) or the battery current (ibat) (paragraph 27, 29-31, 38-41). When a magnetic field is generated by an alternating current in the transmitter coil, it induces a current in the receiver coil within the device, which is then converted to direct current (DC) to charge the battery. Regarding claims 3 and 11, Aghassian in view of Arbabian teaches the claimed invention and Aghassian further teaches wherein the IPG (100) further comprises a measurement unit adapted to determine the actual value of the at least one parameter of the electric circuitry and to transmit the measured actual value to the processing unit (154) (paragraph 31-33). Charging information generated at the external charger could comprise the charger's temperature, T, as provided by thermocouple 101. The thermocouple 101 equates to a measurement unit because it provides actual value to the temperature parameter of the electric circuitry. Regarding claims 4 and 12, Aghassian in view of Arbabian teaches the claimed invention and Aghassian further teaches a switch keying protocol utilizing a primary (88) and secondary coil (18) connected in parallel circuit (fig. 4-6; paragraph 8-10, 24, and 27). Figures 4-5 shows the parallel circuitry between coils. Arbabian, in the same field of endeavor, further teaches wherein selection of C-LSK comprises switching on a capacitive load connected in parallel to the secondary coil and switching off a resistive load connected in parallel to the secondary coil (paragraph 167). The load circuit can comprise any circuit having transistors, or resistors, or capacitors, and/or switches, or any combinations of these elements. Multiple modulation schemes may utilize load shift keying using combination of resistors and capacitors specifically. Therefore, a dynamic selection between for C-LSK and R-LSK communication is disclosed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the load circuitry and processing system of Aghassian with the added resistors and capacitors from Arbabian for the benefit of optimizing a closed loop power system control and to determine time slots for power transfer communication with different states of the load circuit. Regarding claims 5 and 13, Aghassian in view of Arbabian teaches the claimed invention and Aghassian further teaches wherein selection of R-LSK comprises switching off the capacitive load connected in parallel to the secondary coil (18) and switching on the resistive load connected in parallel to the secondary coil (18) (fig. 4-6; paragraph 8-10, 24, and 27). Figures 4-5 shows the parallel circuitry between coils. Regarding claims 6 and 14, Aghassian in view of Arbabian teaches the claimed invention and Aghassian further teaches a separate charger (50) having the primary coil (88) for providing inductive power transfer to the secondary coil (18) (fig. 4-6; paragraph 8-10 and 29-33). Inductive coupling of power in this manner occurs transcutaneously. Regarding claims 7 and 15, Aghassian does not teach wherein the charger (50) is adapted to operate the primary coil (88) at a constant frequency. Arbabian, in the same field of endeavor, teaches an oscillator circuitry capable of maintaining constant frequency for the primary coil (fig. 16 and 17A-B; paragraph 68, 121, and 165). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charger of Aghassian to add the oscillator circuitry from Arbabian for the benefit of establishing control over the frequency of the primary coil. Regarding claim 8, Aghassian in view of Arbabian teaches the claimed invention and Aghassian further teaches at least one electrode lead connected to the IPG (100) (fig. 1A-B; paragraph 3). The IPG 100 is coupled to electrodes 106 via one or more electrode leads. Regarding claim 9, Aghassian teaches a method for operating an implantable pulse generator (IPG, 100) for neurostimulation of a patient's body having a recharging unit (152) with a rechargeable battery (26) and a processing unit (154) (fig. 5-6; paragraph 24 and 27); wherein the recharging unit (152) receives energy from a separate charger (50) utilizing inductive power transfer from a primary coil (88) of the charger to a secondary coil (19) of the recharging unit (fig. 5-6; paragraph 24 and 27); However, Aghassian does not teach wherein the recharging unit communicates information from the IPG (104) to the charger utilizing capacitive load shift keying (C-LSK) and resistive load shift keying (R-LSK) by the recharging unit, wherein the processing unit controls one or both of: a dynamical selection of either C-LSK or R-LSK for communication of a pre-defined information, or controls a usage of both C-LSK and R-LSK for communication of a pre-defined information in a pre-defined sequence dependent on one or both of: an actual measured value of at least one parameter of the electric circuitry of the recharging unit, or the type of information which is to be communicated to the charger. Arbabian, in the same field of endeavor, teaches wherein the recharging unit (215) is adapted to communicate information from the IPG to the charger utilizing capacitive load shift keying (C-LSK) and resistive load shift keying (R-LSK), wherein the processing unit (230) is adapted to control one or both of (fig. 2; paragraph 167): dynamical selection of either C-LSK or R-LSK for communication of a pre-defined information (fig. 2; paragraph 167). The load circuit can comprise any circuit having transistors, or resistors, or capacitors, and/or switches, or any combinations of these elements. Multiple modulation schemes may utilize load shift keying using combination of resistors and capacitors specifically. Therefore, a dynamic selection between for C-LSK and R-LSK communication is disclosed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the load circuitry and processing system of Aghassian with the added resistors and capacitors from Arbabian for the benefit of optimizing a closed loop power system control and to determine time slots for power transfer communication with different states of the load circuit. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 pm. 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, Benjamin Klein can be reached at 571-270-5213. 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. /T.J.T./Examiner, Art Unit 3792 /MALLIKA D FAIRCHILD/Primary Examiner, Art Unit 3792
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Prosecution Timeline

May 22, 2024
Application Filed
Mar 21, 2026
Non-Final Rejection — §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
73%
Grant Probability
93%
With Interview (+20.0%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allow rate.

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