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 Invention II (claims 3-8) in the reply filed on 06/08/2026 is acknowledged. Claims 1-2 and 9-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/08/2026.
Remarks
This action is in response to the remarks filed 06/08/2026.
Claims 3-8 are examined in the office action below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 3-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feldman et al. (US Patent Application Publication 2018/0071522), hereinafter Feldman.
Regarding claim 3, Feldman discloses an implantable medical device configured to provide neurostimulation to a patient (e.g. Abstract; Par. [0003]: stimulator device for deep brain stimulation or other neural stimulators), the device comprising:
a controller configured to control a stimulation parameter of the device (e.g. Pars. [0023]-[0024]: controller 302 with control logic 310);
an MRI detecting system comprising a magnetic field sensing component, wherein the controller is configured to receive a signal from the MRI detecting system (e.g. Par. [0030]: converter circuit used to detect and monitor the presence of a magnetic field such as one associated with an MRI; Pars. [0039]-[0040]: determining when the IPG is in a magnetic field);
wherein the controller is configured to change the stimulation parameter of the device when the controller detects the signal from the MRI detecting system, wherein the signal is a voltage signal below a threshold indicating a presence of the magnetic field (e.g. Pars. [0042]-[0043]: the voltage is measured periodically and when a magnetic field is detected activating MRI-safe mode for the IPG which includes changing stimulation parameters).
Regarding claim 4, Feldman further discloses a boost supply connected to the energy storage device (e.g. Par. [0027]); wherein the MRI detecting system monitors the performance of the boost supply as part of the magnetic field sensing component (e.g. Pars. [0028]-[0030]).
Regarding claim 5, Feldman further discloses wherein the boost supply is connected to a stimulation output of the device (e.g. Par. [0028]: adjusting the signal to the pulse width modulator).
Regarding claim 8, Feldman further discloses a second magnetic field sensing component, wherein the MRI detecting system is configured to send the signal to the controller when at least one of the magnetic field sensing components senses the presence of a magnetic field (e.g. Pars. [0042]-[0043]: the voltage is measured periodically and when a magnetic field is detected activating MRI-safe mode for the IPG which includes changing stimulation parameters).
Claims 3, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lyden et al. (US Patent Application Publication 2011/0160806), hereinafter Lyden.
Regarding claim 3, Lyden discloses an implantable medical device configured to provide neurostimulation to a patient (e.g. Abstract), the device comprising:
a controller configured to control a stimulation parameter of the device (e.g. Par. [0055]: control circuit 103 can control output of electrical stimulation);
an MRI detecting system comprising a magnetic field sensing component, wherein the controller is configured to receive a signal from the MRI detecting system (e.g. Par. [0056]: detecting a strong magnetic field such as one associated with an MRI);
wherein the controller is configured to change the stimulation parameter of the device when the controller detects the signal from the MRI detecting system, wherein the signal is a voltage signal below a threshold indicating a presence of the magnetic field (e.g. Par. [0056]: when a magnetic field is detected the device can enter a MRI safe mode and can exit the mode when the magnetic field is no longer detected; Par. [0091]: using voltage to determine core saturation, which is when a magnetic field is detected).
Regarding claim 6, Lyden further discloses a buck supply connected to the energy storage device, wherein the MRI detecting system monitors the performance of the buck supply as part of the magnetic field sensing component (e.g. Par. [0059], Par. [0062]: buck configuration).
Regarding claim 7, Lyden further discloses wherein the buck supply is connected to a stimulation output of the device (e.g. Par. [0055]: control circuit 103 can control output of electrical stimulation; Par. [0059], Par. [0062]: buck configuration).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shankar et al. (US 2010/0308830) is directed towards a magnetic field sensor device for use in an implantable medical device.
Stessman (US 2007/0191914) is directed towards an MRI detector for an implantable medical device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHREYA P ANJARIA whose telephone number is (571)272-9083. The examiner can normally be reached M-F: 8:00-5:00 EST.
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/SHREYA ANJARIA/Examiner, Art Unit 3796
/ALLEN PORTER/Primary Examiner, Art Unit 3796
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