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
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 30 June 2026.
Applicant’s election without traverse of Inventions I and II in the reply filed on 30 June 2026 is acknowledged.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Young et al (9,463,325).
Regarding claim 1, Young et al disclose a system for regulating data downloads from an implantable pulse generator (IPG) (the IMD 101 may be…an implantable pulse generator (IPG) – col.4, ll.35-46), comprising:
an IPG configured to download data, receive operation signals and provide electrical stimulation to a patient (the IMD 700 may include an implantable pulse generator (IPG) 750…the IPG 750 may be an external neuro pulse generator – col.19, l.37 and col.19, l.64-col.20, l.1); and
at least a first external device configured to initiate a first data download from the IPG to the first external device, the first external device configured to direct the IPG to download the data for a first time period, wherein the first time period is preset (fig. 5 illustrates a timing diagram 500 of transmissions between the external device 201 and the IMD 101 – col.11, ll.29-30; the external device 201 and the IMD 101 exchange data packets 530a and 540a within the communication interval 502a over the select data channel during the connection interval 502a – col.13, ll.39-42);
wherein the IPG and/or the first external device is configured to stop the data download after the first time period has expired (the CPU 302 of the external device 201 – col.11, ll.54-55; the RF subsystem 330 may continually repeat the scanning interval 503 until the CPU 302 acknowledges receipt of the advertisement notice 505 – col.11, l.67-col.12, l.1);
wherein the IPG and/or the first external device is configured to wait a first time interval during which no data is downloaded and the IPG is available to receive signals from any external control devices (the RF subsystem may repeat the scanning interval 503 every scan period – col.11, ll.57-58);
wherein the IPG and/or the first external device is configured to initiate an additional download from the IPG to the first external device for a second time period after the first time interval has expired (when the data packet 540a is received by the external device 201 indicating the end of the communication interval 502a, the RF circuit 354 of the external device 201 may shift to the second data channel for the communication interval 502b – col.13, ll.46-50);
wherein the IPG and/or the first external device is configured to repeat the initiating, stopping, waiting and initiating additional data download steps until all data has been downloaded from the IPG to the first external device (a termination request may be included in the data packet 530e from the external device 201 – col.18, ll.10-15; 540E – fig.5).
Regarding claim 2, Young et al disclose wherein the first external device is a remote control, bedside monitor, or other device with a monitoring application (the external device 201 may be a portable computer, tablet computer, an IMD programmer, a PDA, a cell phone and/or the like located within a home of the patient 106, a hospital or clinic, an automobile, at an office of the patient, or the like – col.9, ll.54-58).
Regarding claim 3, Young et al disclose wherein the first external device is configured to communicate with the IPG via a Bluetooth connection (the bi-directional communication link 104 may use any standard wireless protocol such as…Bluetooth – col.4, ll.28-30).
Regarding claim 4, Young et al disclose wherein the IPG and/or the first external device is configured to measure activity level of the patient (“rate-responsive” sensor, to record the activity level of the patient – col.9, ll.2-3).
Regarding claim 5, Young et al disclose wherein the IPG and/or the first external device includes an accelerometer (IMD 101 may also include a physiologic sensor 112, such as an accelerometer – col.9, ll.1-2).
Regarding claim 6, Young et al disclose a method for regulating data downloads from an implantable pulse generator (IPG) (the IMD 101 may be…an implantable pulse generator (IPG) – col.4, ll.35-46), comprising:
initiating a first data download from the IPG to the first external device, the first external device configured to direct the IPG to download the data for a first time period, wherein the first time period is preset (fig. 5 illustrates a timing diagram 500 of transmissions between the external device 201 and the IMD 101 – col.11, ll.29-30; the external device 201 and the IMD 101 exchange data packets 530a and 540a within the communication interval 502a over the select data channel during the connection interval 502a – col.13, ll.39-42);
stopping the data download after the first time period has expired (the CPU 302 of the external device 201 – col.11, ll.54-55; the RF subsystem 330 may continually repeat the scanning interval 503 until the CPU 302 acknowledges receipt of the advertisement notice 505 – col.11, l.67-col.12, l.1);
waiting a first time interval during which no data is downloaded and the IPG is available to receive signals from any external control devices (the RF subsystem may repeat the scanning interval 503 every scan period – col.11, ll.57-58);
after the first time interval has expired, then initiating an additional download from the IPG to the first external device for a second time period after the first time interval has expired (when the data packet 540a is received by the external device 201 indicating the end of the communication interval 502a, the RF circuit 354 of the external device 201 may shift to the second data channel for the communication interval 502b – col.13, ll.46-50);
repeating the initiating, stopping, waiting and initiating additional data download steps until all data has been downloaded from the IPG to the first external device (a termination request may be included in the data packet 530e from the external device 201 – col.18, ll.10-15; 540E – fig.5).
Regarding claim 7, Young et al disclose wherein the first external device is a remote control for the IPG, bedside monitor, or other device with a monitoring application (the external device 201 may be a portable computer, tablet computer, an IMD programmer, a PDA, a cell phone and/or the like located within a home of the patient 106, a hospital or clinic, an automobile, at an office of the patient, or the like – col.9, ll.54-58).
Regarding claim 8, Young et al disclose wherein the first external device is a cell phone (the external device may be…a cell phone – col.9, ll.54-58).
Regarding claim 9, Young et al disclose wherein initiating the first and additional data downloads from the IPG to the first external device occurs over a Bluetooth connection (the bi-directional communication link 104 may use any standard wireless protocol such as…Bluetooth – col.4, ll.28-30).
Claim Rejections - 35 USC § 103
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.
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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Young et al (9,463,325) in view of Doudian et al (2022/0104293).
Regarding claims 10 and 11, Young et al disclose the data stored in memory 194 may be selectively stored at certain time intervals (col.7, ll.60-32), but fail to explicitly disclose wherein the first and second time periods are each between 30 seconds and two minutes and wherein in the first time interval is between 30 seconds and two minutes.
However, Doudian et al teach in the same medical field of endeavor, wherein a first and second time periods are each between 30 seconds and two minutes (fast advertising mode duration may be on the order of a few minutes – [0038]) and wherein in the first time interval is between 30 seconds and two minutes (inactivity duration may be one the order of one minute or so – [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the certain time intervals as well as the first and second time periods and the first time interval of Young et al with a time period of 30 second to two minutes as it would provide the user with the ability to set a desired download period and inactivity period.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROCHELLE DEANNA TURCHEN whose telephone number is (571)270-7104. The examiner can normally be reached Mon - Fri 6:30-2:30.
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/ROCHELLE D TURCHEN/Primary Examiner, Art Unit 3797
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