Prosecution Insights
Last updated: October 02, 2026
Application No. 18/910,259

Wearable Medical Device Controller With Capacitor Framing

Non-Final OA §103
Filed
Oct 09, 2024
Priority
Nov 01, 2019 — provisional 62/929,721 +2 more
Examiner
JOHNSON, NICOLE F
Art Unit
Tech Center
Assignee
ZOLL Medical Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
1210 granted / 1385 resolved
+27.4% vs TC avg
Moderate +7% lift
Without
With
+7.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
39 currently pending
Career history
1428
Total Applications
across all art units

Statute-Specific Performance

§101
9.0%
-31.0% vs TC avg
§103
37.6%
-2.4% vs TC avg
§102
34.3%
-5.7% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1385 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Amsler et al. (US 2015/0037636) in view of Tillema (WO 2019/164399), and further in view of Volpe et al. (US 2012/0011382). Amsler et al. teaches a wearable cardiac monitoring/treatment device having an external housing and distributed printed circuit board 41 including discharge module 43, energy-storage module 45, controller module 47, and communication module 49 ([0067]-[0069]). The energy-storage module includes a bank of capacitors 67 [0071], and the board portions may be folded into substantially parallel/perpendicular spatial relationships within the housing ([0073]-[0075]). Amsler et al. does not expressly teach the capacitor bonded to a frame to form a unitary mass. Tillema teaches an energy-storage element, preferably a capacitor, supported by carrier 5, wherein the carrier may comprise a frame or plate, and the components may be fixed integrated/mounted thereto [(pp. 18, lines 7-22), (pp. 20, lines 15-24), (pp. 23, lines 3-29), (pp. 24) & (Fig. 6)]. It would have been obvious to one having ordinary skill in the art to modify Amsler et al. according to Tillema by mounting/bonding the capacitor(s) to a supporting frame to provide a compact, mechanically supported integrated assembly, thereby yielding the claimed unitary mass under a broadest reasonable interpretation (BRI). Amsler/Tillema do not expressly teach separate critical and non-critical function processors. Volpe et al. teaches segregating medical-device functions such that critical functions are performed by critical-purpose processor 104 and non-critical functions by general-purpose processor 102 ([0029], [0033]), including critical defibrillator functions such as capacitor charging, ECG processing, and generation of the delivered-energy waveform ([0050]-[0051]). It would have been obvious to one having ordinary skill in the art to further modify Amsler/Tillema according to Volpe et al. to provide separate critical and non-critical function processing to isolate critical operations from interference/faults associated with non-critical operations and improve reliability while reducing power consumption (Volpe, [0029], [0051]). Accordingly, Amsler in view of Tillema and further in view of Volpe render claim 1 obvious. Claim 2. The rejection of claim 1 is incorporated herein by reference Amsler et al. teaches circuit board portions arranged in three-dimensional folded configuration, including substantially parallel board portions surrounding energy-storage components ([0067], [0071], [0073]-[0074]). Tillema further teaches an energy-storage element 6 integrated with a carrier/frame 5 and printed circuit board 2 (pp. 18, 22-24). It would have been obvious to arrange the planar boards over opposing sides of the unitary mass to provide compact packaging and mechanical support. Claim 3. The rejection of claim 1 is incorporated herein by reference. Amsler and Tillema teach closely arranging circuit board and energy-storage/carrier components within an integrated assembly {(Ansler, [0067]-[0064]; (Tillema, pp. 18, 20-24)} It would have been obvious to place portions of the board peripheries in contact with the unitary mass as a predictable packaging arrangement providing mechanical support and compactness. Claim 4. The rejection of claim 1 is incorporated herein by reference. Selecting the extent of peripheral board contact, including about 50-100%, would have been an obvious optimization of the known contacting arrangement to achieve desired mechanical support and packaging efficiency. Claim 5. The rejection of claim 1 is incorporated herein by reference. Amsler et al. teaches the electronic assembly disposed within an external housing ([0069]-[0074]). Tillema teaches modular mechanically connected component (pp. 18-20 & 22-24). It would have been obvious to configure the housing to permit removal of the assembly for conventional servicing or replacement. Claim 6. The rejection of claim 5 is incorporated herein by reference. Amsler teaches an external housing having a front cover 7 and rear cover 9 positioned adjacent the internal circuit-board assembly ([0070]-[0074]). It would have been obvious to mate the front and rear housing portions in a sealed configuration to protect the internal electronic from environmental exposure. Claim 7. The rejection of claim 6 is incorporated herein by reference. Providing complementary mating edges forming a fitted interlock would have been an obvious known housing-closure configuration for securely mating and sealing the front and rear shells with predictable results. Claim 8. The rejection of claim -1 is incorporated herein by reference. Tillema teaches mechanical connection elements for securing components to a printed circuit board/carrier (pp. 18-20, 23-24). It would have been obvious to employ releasable fasteners to secure the circuit boards to the frame to facilitate assembly and servicing. Claim 9. The rejection of claim 8is incorporated herein by reference. Tillema teaches various known mechanical connections, including hooks, pins, fingers and click-type connections (pp. 19-20). Screws, clamps, snaps, clips or equivalent releasable fasteners represent known alternative performing the same predictable fastening function. Claims 10 & 11. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches isolating critical from non-critical functions such that faults or execution of non-critical functions do not disrupt critical functions ([0029], [0033], [0051]). Thus, maintaining operation of the critical function circuitry upon suspension or failure of the non-critical circuitry is taught or at least suggested. Claim 12. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches critical wearable-defibrillator functions including real-time ECG sampling and analysis, capacitor charging, and generation of the delivered energy waveform [0050]. Thus, acquiring/analyzing ECG signals and initiating treatment upon detection of a treatable arrhythmia would have been obvious. Claim 13. The rejection of claim 12 is incorporated herein by reference. In view of Volpe’s critical processor controlling real-time defibrillator treatment functions ([0050]-[0051]), it would have been obvious to assign the patient-warning, response-monitoring, and shock-delivery sequence to the critical processor as part of the treatment-control operation. Claim 14. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches a battery-powered portable medical device and processor power management ([0034]-[0035]). Monitoring battery charge would have been an obvious critical function to ensure adequate power for treatment. Claim 15. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches user interface 208 coupled to general-purpose processor 102 for performance of non-critical functions [0051], thereby teaching or suggesting user-interface input/output through the non-critical processor. Claim 16. The rejection of claim 15 is incorporated herein by reference. Volpe et al. teaches assigning non-real time user-interface functions to the general-purpose processor [0051]. Providing patient training through the user interface would have been obvious non-critical software implementation. Claim 17. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches data storage 204 coupled to general-purpose processor 102 for non-critical functions ([0051]-[0052]). Compressing operational data for long-term storage would have been an obvious data-management function. Claim 18. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches network interface 206 coupled to general-purpose processor 102 for non-critical functions [0051]. Establishing a communication link and transferring device data to a remote serve would have been an obvious used of the disclosed network interface. Claim 19-21. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches assigning non-real time/user-interface functions to the general-purpose processor ([0033], [0051]). Directing the patient to complete a health survey (claim 19), ambulatory exertion test (claim 20), or cardiac rehabilitation program (claim 21) would have been obvious non-critical user-interface functions implemented through software according to the intended information content. Claim 22. The rejection of claim 1 is incorporated herein by reference. Volpe et al. teaches communication/interface components coupled to the general-purpose processor ([0029], [0051]). Providing a service port communicating with the corresponding non-critical circuit board would have been obvious conventional interface for diagnostics, programming or servicing. Claim 23. The rejection of claim 1 is incorporated herein by reference. Amsler et al. teaches flexible members 55, 59, 63 electrically connecting respective portions of distributed printed circuit board 41 ([0068]-[0069], [0073]-[0074]), thereby teaching or suggesting the claimed flex connector between the first and second circuit boards. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Buchanan et al. (US 2019/0255341) was considered pertinent for its disclosure of a wearable cardioverter defibrillator monitor having a housing surrounding a defibrillator electronics assembly, including removably attachable front and rear covers, and features directed to serviceability and reprocessing of the monitor assembly. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST. 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, David Hamaoui can be reached at 571-270-5625. 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. /NICOLE F JOHNSON/ Primary Examiner, Art Unit 3796
Read full office action

Prosecution Timeline

Oct 09, 2024
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §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
87%
Grant Probability
94%
With Interview (+7.0%)
2y 8m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1385 resolved cases by this examiner. Grant probability derived from career allowance rate.

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