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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: 102, 104, 106, 110, 112, 114, 120, 139, 464, D91, D93, 6040, and 6870. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "218" and "220" have both been used to designate a bone fixture. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “220” has been used to designate both a bone fixture and a hole. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "3310" and "3311" have both been used to designate a body. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: 3060 and 3310. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term “similar” in claim 1 is a relative term which renders the claim indefinite. The term “similar” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 1 recites the limitation "the same material" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the shim" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the recipient" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the external component" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 36 recites the limitation "the establishment" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 54 recites the limitation "the portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 1-4, 7, 13-14, 28-29, 32-33, 35-36, 38-39, 41, 43, 49, 54, and 56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kennes et al. (U.S. PGPub No. 2019/0239007).
Regarding claim 1, Kennes teaches a device (Paragraph 0196, line 2), comprising: a housing (Fig. 22, paragraph 0200, line 3); and a magnet (Fig. 22, paragraph 0200, line 2) in the housing (Paragraph 0200, lines 2-3), wherein the device is an implantable medical device (Paragraph 0195, lines 1-2), there is a clearance (Fig. 22, paragraph 0200, lines 4-5) between an interior of the housing and the magnet (Fig. 22, paragraph 0200, lines 5-7) in a direction of a longitudinal axis of the housing (Fig. 22) and/or in a direction normal to the longitudinal axis (Fig. 22), the device is configured to independently at least temporarily hold (Paragraph 0198, lines 7-17) the magnet in direct contact with (Fig. 21) a portion of the housing (Fig. 21, paragraph 0198, line 7) and/or a body (Fig. 22, paragraph 0200, line 2) connected to (Fig. 22) the portion of the housing, the portion being made of the same material (Paragraph 0119, lines 5-6) and/or having a configuration (Fig. 21-22) and/or structure (Fig. 21-22) that is at least similar as a portion of the housing on an opposite side of the housing from the portion of the housing (Fig. 21-22), and the device is configured to enable the magnet to rotate inside the housing (Paragraph 0200, lines 2-3) when the magnet is subjected to a torque (Paragraph 0200, lines 28-30) from a magnetic field (Paragraph 0192, lines 7-8).
Regarding claim 2, Kennes teaches the device (Paragraph 0196, line 2) of claim 1, wherein: the device is configured to enable the magnet (Fig. 22, paragraph 0200, line 2) to rotate (Paragraph 0200, lines 2-3) while holding the magnet in direct contact (Fig. 21) with the portion of the housing (Fig. 21, paragraph 0198, line 7) and/or the body (Fig. 22, paragraph 0200, line 2) connected to (Fig. 22) the portion of the housing.
Regarding claim 3, Kennes teaches the device (Paragraph 0196, line 2) of claim 1, wherein: the device is configured so that the magnet (Fig. 22, paragraph 0200, line 2) decontacts (Paragraph 0201, lines 6-14) with the portion of the housing (Fig. 21, paragraph 0198, line 7) or the shim (Fig. 22, paragraph 0200, line 2) and then rotates (Paragraph 0200, lines 2-3) when an external device (Fig. 2, paragraph 0070, line 2) that is used in conjunction with the device (Paragraph 0070, lines 1-3) is placed into magnetic communication (Paragraph 0071, lines 16-17) with the magnet to hold the external device against skin (Paragraph 0071, line 18) of the recipient (Paragraph 0071, line 19) via magnetic communication between the external component and the magnet (Paragraph 0071, lines 19-21).
Regarding claim 4, Kennes teaches the device (Paragraph 0196, line 2) of claim 1, wherein: a magnetic material (Paragraph 0212, lines 8-9) to which the magnet (Fig. 22, paragraph 0200, line 2) is attracted, thus holding (Paragraph 0198, lines 7-17) the magnet in contact with the portion (Fig. 21, paragraph 0198, line 7).
Regarding claim 7, Kennes teaches the device (Paragraph 0196, line 2) of claim 1, wherein: the device has a skull facing side (Fig. 2, paragraph 0072, lines 3-6) and a skin facing side (Fig. 2); and the portion (Fig. 21, paragraph 0198, line 7) is on the skull facing side (Fig. 2). Also see annotated Fig. 2 below.
PNG
media_image1.png
631
623
media_image1.png
Greyscale
Regarding claim 13, Kennes teaches the device (Paragraph 0196, line 2) of claim 4, wherein: the magnetic material (Paragraph 0212, lines 8-9) is magnetically saturated (Paragraph 0231, lines 4-6) by the magnet (Fig. 22, paragraph 0200, line 2).
Regarding claim 14, Kennes teaches a system (Fig. 2A, paragraph 0073, lines 3-5) comprising: the device (Paragraph 0196, line 2) of claim 1; and an external component (Fig. 2, paragraph 0070, line 2), wherein the device is configured to maintain the hold (Paragraph 0198, lines 7-17) of the magnet (Fig. 22, paragraph 0200, line 2) in direct contact with (Fig. 21) the portion of the housing (Fig. 21, paragraph 0198, line 7) and/or the body (Fig. 22, paragraph 0200, line 2) connected to (Fig. 22) the portion of the housing when the external component is magnetically held against skin (Paragraph 0071, line 18) of a recipient (Paragraph 0071, line 19) of the device via magnetic attraction between (Paragraph 0071, lines 16-17) the magnet and a magnet of the external component (Paragraph 0071, lines 19-21) and when the external component is removed from magnetic coupling with the magnet (Paragraph 0182, lines 4-7).
Regarding claim 28, Kennes teaches a device (Paragraph 0196, line 2), comprising: a housing (Fig. 22, paragraph 0200, line 3); and a magnet (Fig. 22, paragraph 0200, line 2), wherein the magnet is hermetically sealed (Paragraph 0209, line 7) in the housing (Paragraph 0200, lines 2-3), the magnet and the housing establishing a magnet-housing assembly (Paragraph 0205, lines 1-3), wherein the device is configured to provide relievable contact (Fig. 21, paragraph 0198, lines 7-17) of the magnet relative to a portion of the magnet-housing assembly (Paragraph 0206, lines 5-7) via magnet attraction between the magnet and a magnetic component (Paragraph 0233, lines 21-23) of the device, the device is an implantable medical device (Paragraph 0195, lines 1-2), and the device is configured to retain an external component (Fig. 2, paragraph 0070, line 2) via transcutaneous (Paragraph 0071, lines 25-31) magnetic attraction (Paragraph 0071, lines 16-17) established at least in part by the magnet (Paragraph 0071, lines 19-21).
Regarding claim 29, Kennes teaches the device (Paragraph 0196, line 2) of claim 28, wherein: the magnet (Fig. 22, paragraph 0200, line 2) is a non spherical magnet (Paragraph 0192, lines 2-4) that has a magnetic polarity axis (Fig. 52, paragraph 0256, lines 9-10) that is more diametrically magnetized than it is axially magnetized (Paragraph 0130, lines 1-4).
Regarding claim 32, Kennes teaches the device (Paragraph 0196, line 2) of claim 28, wherein: the implantable medical device (Paragraph 0195, lines 1-2) is a sensory prosthesis (Paragraph 0057, lines 6-7).
Regarding claim 33, Kennes teaches the device (Paragraph 0196, line 2) of claim 28, wherein: the portion of the magnet-housing assembly (Paragraph 0206, lines 5-7) is a wall of the housing (Fig. 21, paragraph 0198, line 7) or a component of the magnet-housing assembly (Fig. 30, paragraph 0209, line 15) separate from (Fig. 30) the magnet (Fig. 22, paragraph 0200, line 2) and stationary relative to the housing (Paragraph 0210, lines 6-9), the component of the magnet-housing assembly corresponding to the magnetic component (Paragraph 0233, lines 21-23).
Regarding claim 35, Kennes teaches the device (Paragraph 0196, line 2) of claim 28, wherein: the device is configured to enable the magnet (Fig. 22, paragraph 0200, line 2) to rotate (Paragraph 0200, lines 2-3) within the housing (Fig. 22, paragraph 0200, line 3); and the device is configured to resist rotation of the magnet while the contact is established (Paragraph 0205, lines 7-16), thereby maintaining an orientation (Paragraph 0161, lines 25-30) of the polarity (Fig. 52, paragraph 0256, lines 9-10) of the magnet relative to the housing.
Regarding claim 36, Kennes teaches the device (Paragraph 0196, line 2) of claim 28, wherein: the device is configured so that the relievability of the contact (Fig. 21, paragraph 0198, lines 7-17) is established upon the establishment of the transcutaneous (Paragraph 0071, lines 25-31) magnetic attraction (Paragraph 0071, lines 16-17).
Regarding claim 38, Kennes teaches a device (Paragraph 0196, line 2), comprising: a housing (Fig. 22, paragraph 0200, line 3); and a planar magnet (Paragraph 0192, lines 2-4) in the housing (Paragraph 0200, lines 2-3), establishing a magnet-housing assembly (Paragraph 0205, lines 1-3), wherein the device is an implantable medical device (Paragraph 0195, lines 1-2), and the magnet-housing assembly is configured with an anti-rattle apparatus (Fig. 33, paragraph 0212, line 2) to reduce a rattling effect of the magnet vis-a-vis contact with the magnet and the housing (Paragraph 0212, lines 16-17) while enabling the magnet to rotate (Paragraph 0218, line 3) about a structural longitudinal axis of the magnet (Paragraph 0205, line 5) while the magnet is in the housing (Paragraph 0205, lines 3-4).
Regarding claim 39, Kennes teaches the device (Paragraph 0196, line 2) of claim 38, wherein: the anti-rattle apparatus (Fig. 33, paragraph 0212, line 2) enables the magnet (Paragraph 0192, lines 2-4) to move (Paragraph 0218, line 3) in the direction of the structural longitudinal axis (Paragraph 0205, line 5).
Regarding claim 41, Kennes teaches the device (Paragraph 0196, line 2) of claim 38, wherein: the planar magnet (Paragraph 0192, lines 2-4) has a magnetic polarity axis (Fig. 52, paragraph 0256, lines 9-10) that is offset (Fig. 52) from the structural longitudinal axis (Paragraph 0205, line 5).
Regarding claim 43, Kennes teaches the device (Paragraph 0196, line 2) of claim 38, wherein: the anti-rattle apparatus (Fig. 33, paragraph 0212, line 2) is configured to unlock the magnet upon (Paragraph 0229, lines 8-11 and 15-19) an external device (Fig. 2, paragraph 0070, line 2) that transcutaneous interacts (Paragraph 0071, lines 25-31) with the device coming into magnetic communication (Paragraph 0071, lines 16-17) with the planar magnet (Paragraph 0192, lines 2-4).
Regarding claim 49, Kennes teaches the device (Paragraph 0196, line 2) of claim 38, wherein: the device is configured so that when the device is implanted in a human (Paragraph 0071, line 19), the longitudinal axis (Paragraph 0205, line 5) is normal to a surface (Paragraph 0205, lines 5-6) of skin (Paragraph 0071, line 18) of the human proximate the device (Paragraph 0205, lines 6-7).
Regarding claim 54, Kennes teaches the device (Paragraph 0196, line 2) of claim 28, wherein: the portion of the magnet-housing assembly (Paragraph 0206, lines 5-7) is a polymer body (Paragraph 0235, lines 1-3) located within the housing (Fig. 36-37, paragraph 0209, lines 15-16).
Regarding claim 56, Kennes teaches the device (Paragraph 0196, line 2) of claim 38, wherein: the magnet (Paragraph 0192, lines 2-4) is in direct contact (Fig. 37) with a polymer body (Paragraph 0235, lines 1-3) separate from the housing (Fig. 37, paragraph 0216, lines 7-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: WIPO Pub. No. 2020/136601, WIPO Pub. No. 2015/198152, U.S. PGPub No. 2023/0140633, U.S. PGPub No. 2021/0058718, U.S. PGPub No. 2020/0114151, and U.S. PGPub No. 2018/0369586.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Heidi Hilsmier whose telephone number is (571)272-2984. The examiner can normally be reached Monday - Fridays from 7:30 AM - 3:30 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, Carl Layno can be reached at 571-272-4949. 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.
/H.A.H./Patent Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796