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 § 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.
Claim(s) 1-4, 11, and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hossick-Schott et al (US 2007/0236867) hereinafter Hossick-Schott.
Regarding claim 1, Hossick-Schott discloses a therapeutic electrical pulse delivery system (Fig. 2) comprising:
a power source ([0032] charging circuitry 64);
a pulse generator (high voltage output circuitry 40) operatively coupled to the power source [0032], the pulse generator comprising one or more capacitors ([0032] output circuitry includes one or more capacitors C1 and C2 100), each of the one or more capacitors comprising:
a first electrode ([0041] cathode 104);
a second electrode ([0041] anode 106); and
a crystalline dielectric ([0047] dielectric layer 108) disposed between the first electrode and the second electrode (Fig. 4A shows dielectric layer 108 between anode 106 and cathode 104), the crystalline dielectric comprising carbon ([0045] dielectric layer 108 will include one or more carbon-based oxides); and
a controller (microprocessor 42) comprising one or more processors and operatively coupled to the power source or the pulse generator ([0030] Microprocessor 42 is linked to control circuitry 44 by means of bidirectional data/control bus 46, and thereby controls operation of the high voltage output circuitry 40 and the high voltage charging circuitry 64), the controller configured to:
charge the one or more capacitors of the pulse generator using the power source ([0030] Microprocessor 42 thereby controls operation of the high voltage charging circuitry 64); and
cause the pulse generator to deliver a therapeutic electrical pulse using the charged one or more capacitors ([0030] Microprocessor 42 thereby controls operation of the high voltage output circuitry 40).
Regarding claim 2, Hossick-Schott discloses wherein the pulse generator further comprises:
an input operatively (high voltage transformer 110) coupled to the power source and configured to charge the one or more capacitors in parallel ([0032]; Fig. 2); and
an output (control circuitry 44) operatively coupled to the one or more capacitors and configured to selectively deliver the therapeutic electrical pulse from the one or more capacitors in series, parallel, or in a combination of series and parallel ([0031] Control circuitry 44 provides signals to high voltage output circuitry 40, labeled here as ENAB line 48, ENBA line 50, and DUMP line 52 which initiates discharge of the output capacitors 100).
Regarding claim 3, Hossick-Schott discloses wherein the one or more capacitors consists of a single capacitor ([0032] output circuitry includes one or more capacitors C1 and C2 100).
Regarding claim 4, Hossick-Schott discloses wherein the one or more capacitors comprises a plurality of capacitors in a stacked arrangement ([0032] one or more capacitors C1 and C2 100, arranged in a capacitor bank; Fig. 2 shows capacitors 100 in a stacked arrangement).
Regarding claim 11, Hossick-Schott discloses a housing, wherein the pulse generator is disposed in the housing ([0037] housing 140 of IMD 10).
Regarding claim 13, Hossick-Schott discloses an implantable medical device (IMD 10) comprising the therapeutic electrical pulse delivery system as in claim 1 ([0030]; Fig. 2).
Regarding claim 14, Hossick-Schott discloses a therapeutic pulse generator comprising:
an input (high voltage transformer 110) operatively couplable to a power source ([0032] high voltage charging circuitry 64; Fig. 2 shows transformer 110 transferring energy from charging circuitry 64 to capacitors 100);
one or more capacitors (capacitors 100) coupled to the input to receive and store energy provided by the power source [0032], each of the one or more capacitors comprising:
a first electrode ([0041] cathode 104);
a second electrode ([0041] anode 106); and
a crystalline dielectric ([0047] dielectric layer 108) disposed between the first electrode and the second electrode (Fig. 4A shows dielectric layer 108 between anode 106 and cathode 104), the crystalline dielectric comprising carbon ([0045] dielectric layer 108 will include one or more carbon-based oxides); and
an output (control circuitry 44) operatively coupled to the one or more capacitors to deliver a therapeutic electrical pulse using energy stored in the one or more capacitors ([0031] Control circuitry 44 provides signals to high voltage output circuitry 40, labeled here as ENAB line 48, ENBA line 50, and DUMP line 52 which initiates discharge of the output capacitors 100).
Regarding claim 15, Hossick-Schott discloses wherein the input is configured to charge the one or more capacitors in parallel ([0032] capacitors 100 are charged by means of a high frequency, high voltage transformer 110) and the output is configured to selectively deliver the therapeutic electrical pulse from the one or more capacitors in series, parallel, or in a combination of series and parallel ([0031] Control circuitry 44 provides signals to high voltage output circuitry 40, labeled here as ENAB line 48, ENBA line 50, and DUMP line 52 which initiates discharge of the output capacitors 100).
Regarding claim 16, Hossick-Schott discloses wherein the one or more capacitors consists of a single capacitor ([0032] output circuitry includes one or more capacitors C1 and C2 100).
Regarding claim 17, Hossick-Schott discloses wherein the one or more capacitors comprises a plurality of capacitors in a stacked arrangement ([0032] one or more capacitors C1 and C2 100, arranged in a capacitor bank; Fig. 2 shows capacitors 100 in a stacked arrangement).
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.
Claim(s) 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867).
Regarding claims 5 and 18, Hossick-Schott discloses the systems of claims 1 and 14 as discussed above, but fails to disclose wherein the first electrode, the second electrode, and the crystalline dielectric of at least one of the one or more capacitors define a curved shape in the same embodiment. However, Hossick-Schott further discloses an electrode subassembly formed from an anode 206, having an ALD deposited dielectric layer formed thereon, a separator 210, and a cathode 204 [0067] being stacked by layering the subassembly onto itself in a Z-fold fashion [0069] (Examiner notes this would define a curve as shown in Fig. 8). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the first electrode, the second electrode, and the crystalline dielectric of at least one of the one or more capacitors to define a curved shape as taught by Hossick-Schott. Such a modification would provide the predictable results of contributing to the volume efficiency of the capacitor cell (Hossick-Schott, [0069]).
Claim(s) 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867) in view of Halperin et al (US 5,564,434) hereinafter Halperin.
Regarding claims 6 and 19, Hossick-Schott discloses the systems of claims 1 and 14 as discussed above, but fails to disclose a substrate comprising a groove in at least one surface of the substrate, wherein the one or more capacitors conform to a shape of the groove. However, Halperin discloses a substrate (ceramic sensor hybrid circuit substrate 60) comprising a groove in at least one surface of the substrate (perimeter 53 of diaphragm 54), wherein the one or more capacitors conform to a shape of the groove (Col. 10, ln 34-35 and 40-42). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the systems as taught by Hossick-Schott with a substrate comprising a groove in at least one surface of the substrate, wherein the one or more capacitors conform to a shape of the groove as taught by Halperin. Such a modification would provide the predictable results of fitting the capacitor to a housing to reduce mechanical stress imparted on the capacitor.
Claim(s) 7-8 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867) in view of Livnat et al (US 2010/0324616) hereinafter Livnat.
Regarding claims 7 and 20, Hossick-Schott discloses the systems of claims 1 and 14 as discussed above, but fails to disclose wherein at least one capacitor of the one or more capacitors has a maximum voltage of at least 1000 volts. However, Livnat discloses wherein at least one capacitor of the one or more capacitors has a maximum voltage of at least 1000 volts ([0040] high voltage capacitor 25 may be charged to a voltage of 600-1000 volts). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the systems as taught by Hossick-Schott with at least one capacitor of the one or more capacitors has a maximum voltage of at least 1000 volts as taught by Livnat. Such a modification would provide the predictable results of storing enough energy to provide an effective defibrillation shock if needed.
Regarding claims 8 and 21, Hossick-Schott discloses the systems of claims 1 and 14 as discussed above, but fails to disclose wherein the pulse generator is configured to deliver the electrical pulse with a voltage of at least 1000 volts. However, Livnat discloses wherein the pulse generator is configured to deliver the electrical pulse with a voltage of at least 1000 volts ([0047] the first electrical pulse has a discharge voltage that is at least 1000 volts). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the systems as taught by Hossick-Schott with the pulse generator is configured to deliver the electrical pulse with a voltage of at least 1000 volts. Such a modification would provide the predictable results of delivering a pulse strong enough to treat/correct an arrhythmia.
Claim(s) 9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867) in view of Mech et al (US 8,214,032) hereinafter Mech.
Regarding claims 9 and 22, Hossick-Schott discloses the systems of claims 1 and 14 as discussed above, but fails to disclose wherein the crystalline dielectric comprises diamond. However, Mech discloses wherein the crystalline dielectric comprises diamond (Claim 8: ultra nanocrystalline diamond coating forms a capacitor). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the systems as taught by Hossick-Schott with the crystalline dielectric comprises diamond as taught by Mech. Such a modification would provide the predictable results of uniformly covering the device while providing relief from sharp edges and producing a strong, uniformly thick hermetic coating around sharp edges and on high aspect-ratio parts (Mech, Abstract).
Claim(s) 10 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867) in view of Djebara et al (US 2016/0141110) hereinafter Djebara.
Regarding claims 10 and 23, Hossick-Schott discloses the systems of claims 1 and 14 as discussed above, but fails to disclose wherein at least one capacitor of the one or more capacitors has an energy density of at least 10 joules per cubic centimeter. However, Djebara discloses wherein at least one capacitor of the one or more capacitors has an energy density of at least 10 joules per cubic centimeter ([0089] the capacitor may exhibit an energy density of about 3.5 J/cm^3 to about 10.0 J/cm^3). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the systems as taught by Hossick-Schott with wherein at least one capacitor of the one or more capacitors has an energy density of at least 10 joules per cubic centimeter as taught by Djebara. Such a modification would provide the predictable results of enabling the capacitor for use in high pulse applications (Djebara, [0089]).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867) in view of Cheng et al (US 2014/0088658) hereinafter Cheng.
Regarding claim 12, Hossick-Schott discloses the system of claim 11 as discussed above, but fails to disclose wherein the housing comprises a vest. However, Cheng discloses wherein the housing comprises a vest ([0026] The capacitor 72 can be incorporated into the patient monitor 70 or into the vest 60). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Hossick-Schott with wherein the housing comprises a vest as taught by Cheng. Such a modification would provide the predictable results of an automatic external defibrillator that is configured for use during an endoscopic or surgical procedure (Cheng, [0004]).
Claim(s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hossick-Schott (US 2007/0236867) in view of Jiang et al (US 2010/0114235) hereinafter Jiang.
Regarding claim 24, Hossick-Schott discloses the system of claim 14 as discussed above, but fails to disclose a step-up converter operatively coupled to the input and the one or more capacitors to step-up a voltage received from the power source. However, Jiang discloses a step-up converter (step-up converter 434) operatively coupled to the input ([0152] secondary cell charging control 410) and the one or more capacitors ([0152] shocking capacitor 424) to step-up a voltage received from the power source ([0155] charging of shocking capacitors 424 from secondary cell 404 is done via a high voltage step-up converter 434, in order to charge capacitors 424 to hundreds of volts from the approximately 4 volts of secondary cell 404). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Hossick-Schott with a step-up converter operatively coupled to the input and the one or more capacitors to step-up a voltage received from the power source as taught by Jiang. Such a modification would provide the predictable results of charging the capacitor to hundreds of volts (Jiang, [0155]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792 /Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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