CTNF 18/794,492 CTNF 90692 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority This application is a Continuation of 17/738,966 filed on May 6, 2022 (PAT 12053635)(17/738,966 has PRO 63/187,367 05/11/2021). Information Disclosure Statement The information disclosure statements (IDS) submitted on August 27, 2024 and December 17, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,053,635. Although the independent claims at issue are not identical, they are not patentably distinct from each other because the claim language has the same meanings. For example, in claim 1 of the current application, the terms “a first circumferential protrusion extending radially a first distance into the lead passageway, and the body further defining at least one circumferential depression adjacent the first circumferential protrusion” has the same meaning as the terms “a first circumferential protrusion extending radially a first distance into the lead passageway, the body further defining … a first circumferential depression immediately adjacent the first circumferential protrusion.” Current Application 18/798,492 Claims US Patent 12,053,635 Claims (application Number 17/738,966) 1. A seal for an implantable medical device, comprising: a body defining a lead passageway with an axial dimension, the body further defining a first circumferential protrusion extending radially a first distance into the lead passageway, and the body further defining at least one circumferential depression adjacent the first circumferential protrusion. 1. A seal for an implantable medical device, comprising: a body defining a lead passageway with an axial dimension, the body further defining a first circumferential protrusion extending radially a first distance into the lead passageway, the body further defining … a first circumferential depression immediatel y adjacent the first circumferential protrusion…. 10. An implantable medical device comprising: a housing defining an outer lead passageway providing an exterior opening; electrical contacts within the outer lead passageway; sensing circuitry electrically coupled to the electrical contacts; and a seal present within the outer lead passageway between the electrical contacts and the exterior opening, the seal comprising: a body defining a lead passageway with an axial dimension, the body further defining a first circumferential protrusion extending radially a first distance into the lead passageway, and the body further defining at least one circumferential depression adjacent the first circumferential protrusion. 7. An implantable medical device comprising: a housing defining an outer lead passageway providing an exterior opening; electrical contacts within the outer lead passageway; sensing circuitry electrically coupled to the electrical contacts; and a seal present within the outer lead passageway between the electrical contacts and the exterior opening, the seal comprising: a body defining a lead passageway with an axial dimension, the body further defining a first circumferential protrusion extending (it is obvious that the protrusion extends radially because the protrusion is circumferential (relative to a circular object)) a first distance into the lead passageway, …..the body further defining a first circumferential depression immediately adjacent the first circumferential protrusion….. 19. A method of providing a sealed configuration of a proximal end of an implantable medical lead being installed in an implantable medical device, comprising: receiving the proximal end of the implantable medical lead through an exterior opening and into an outer lead passageway of a housing of the implantable medical device; and passing the implantable medical lead through a seal present within the outer lead passageway, the seal comprising: a body defining a lead passageway with an axial dimension, the body further defining a first circumferential protrusion extending radially a first distance into the lead passageway, and the body further defining at least one circumferential depression adjacent the first circumferential protrusion, wherein passing the implantable medical lead through the seal causes the implantable medical lead to force the first circumferential protrusion to bend and create a sealed engagement with the implantable medical lead. 13. A method of providing a sealed configuration of a proximal end of an implantable medical lead being installed in an implantable medical device, comprising: receiving the proximal end of the implantable medical device through an exterior opening and into an outer lead passageway of a housing of the implantable medical device; and passing the implantable medical lead through a seal present within the outer lead passageway, the seal comprising: a body defining a lead passageway with an axial dimension, the body further defining a first circumferential protrusion extending a first distance into the lead passageway, the body further defining a first circumferential depression immediately adjacent the first circumferential protrusion ….. such that the implantable medical lead contacts the first circumferential protrusion and forces the first circumferential protrusion to bend toward and contact the second circumferential protrusion so that the first circumferential protrusion creates a sealed engagement with the implantable medical lead. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kodama (US 5,564,946) teaches a housing with a connector plug having protrusions. Adachi (US 2013/0140056) teaches a waterproof structure for conductive path with a plurality of protrusions formed on an inner circumferential surface of the seal member . Communication Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRYSTAL ROBINSON whose telephone number is (571)272-9258. The examiner can normally be reached on 9-5 M-F. 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, Timothy Dole can be reached on (571)-272-2229. 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. /KRYSTAL ROBINSON/Examiner, Art Unit 2848 Application/Control Number: 18/794,492 Page 2 Art Unit: 2847 Application/Control Number: 18/794,492 Page 3 Art Unit: 2847 Application/Control Number: 18/794,492 Page 4 Art Unit: 2847 Application/Control Number: 18/794,492 Page 5 Art Unit: 2847 Application/Control Number: 18/794,492 Page 6 Art Unit: 2847 Application/Control Number: 18/794,492 Page 7 Art Unit: 2847 Application/Control Number: 18/794,492 Page 8 Art Unit: 2847 Application/Control Number: 18/794,492 Page 9 Art Unit: 2847 Application/Control Number: 18/794,492 Page 10 Art Unit: 2847 Application/Control Number: 18/794,492 Page 11 Art Unit: 2847 Application/Control Number: 18/794,492 Page 12 Art Unit: 2847
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