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 .
The application of Huelskamp et al. for an “inductive telemetry power modes” filed on October 15, 2024 has been examined.
This application claims priority to U.S. provisional application number 63/546,093, which is filed on October 27, 2023.
Claims 1-20 are pending.
During a telephone conversation with Edward Sandor (Reg. No. 60,826) on March 2, 2026 a provisional election was made with traverse to prosecute the invention of Group I, an ambulatory medical device, claims 1-18. Affirmation of this election must be made by applicant in replying to this Office action. Claims 19-20 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Von Arx et al. (US# 8,041,432) in view of Pratt et al. (US# 7,019,617).
Referring to claim 1, Von Arx et al. disclose an ambulatory medical device (100) (an implantable device) (column 2 lines 8 to 67; see Figures 1 to 7), the device (100) comprising:
a coil antenna (150A) configured to receive a communication signal using mutual inductance (i.e. a communications session to be established with an inductively coupled link such as used in conventional short-range telemetry. FIG. 1 shows inductively coupled transceivers 140A and 140B, each coupled to antennas 150A and 150B, respectively, for each of the implantable medical device and external device) (column 7 lines 14 to 23; see Figure 1);
a transceiver circuit ((140A) operatively coupled to the coil antenna (150A) and including a receiver configured to detect the communication signal (i.e. Transceivers 140A and 140B, and antennas 150A and 150B, draw low power, and in one embodiment, are operated continuously. In this manner, a communications link can be established immediately without waiting for a wakeup interval) (column 7 lines 14 to 23; see Figure 1);
a control circuit (102A) including a timeout timer (180A) (i.e. wakeup timers 180A and 180B are coupled to controllers 102A, and 102B, respectively. Timers 180A and 180B define the duty cycles and, in one embodiment, are implemented in code executed by the respective controller and, in one embodiment, include discrete components) (column 5 lines 27 to 31; see Figure 1), wherein the control circuit (102A) is configured to:
set the receiver to an active mode (i.e. the selected transceiver is powered on. In one embodiment, the process of turning on the selected transceiver includes entering an "awake" mode after departure from a "sleep" mode. At 350, an outbound signal, including the digital data previously stored, is wirelessly transmitted by the transmitter) (column 13 lines 4 to 26; see Figures 6 and 7); and
maintain the receiver in the active mode when the communication signal is detected by the receiver before the timeout timer expires (i.e. At 420, wireless communications (i.e. communication signal) between the implantable medical device and the remote programmer are conducted using the far field transceiver. At 430, data encoded in the received signal is stored in memory coupled to the implantable medical device and outbound data is stored in memory accessible to the external programmer. In various embodiments, the data includes replacement programming or operating parameters that controls the operation of the implantable medical device. An inquiry as to the status of the timer occurs at 440 after which processing branches to 420 if the predetermined time period has not lapsed, or continues to 450 if the period has lapsed) (column 13 lines 26 to 39; see Figure 7).
However, Von Arx et al. did not explicitly disclose set the receiver to an inactive mode when the timeout timer expires after a timeout duration and the communication signal is not detected by the receiver.
In the same field of endeavor of a portable radio communication device, Pratt et al. teach that set the receiver to an inactive mode when the timeout timer expires after a timeout duration and the communication signal is not detected by the receiver (i.e. the processor monitors for the reception of an appropriate indication signal from the wake-up circuitry. If the condition of step S14 is negative, the processor proceeds to a step S16 to increment the watch dog timer. At a step S18, the processor determines whether the watch dog timer has timed out. If the condition of step S18 is affirmative, the processor proceeds to a step S22. If the condition of step S18 is negative, the processor returns to step S14 to monitor for the reception of the indication signal) (column 10 lines 13 to 21; see Figure 4) in order to minimize consumption of electrical energy by the radio communication device.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for return to lower power mode if the watchdog timer is timeout and there is no indication signal is received by the device taught by Pratt et al. in the implantable medical devices with the timer function to be disable after timer is expired of Von Arx et al. because return to lower power mode if the watchdog timer is timeout and there is no indication signal is received by the device would provide the device operates with energy efficient by reducing power consumption.
Referring to claim 2, Von Arx et al. in view of Pratt et al. disclose the device of claim 1, Pratt et al. disclose wherein the control circuit is configured to: maintain the receiver in the active mode when a first specified type of communication signal (i.e. reference signal) is detected before the timeout timer expires (i.e. during a second mode of operation, an increased amount of electrical energy (compared with the first mode of operation) is utilized. The second mode of operation may be referred to as an intermediate mode of operation. Device 14 may be arranged to perform additional operations or functions compared with operations performed during the first mode. For example, and as described below, a reference signal may be generated in the second mode, a watchdog timer may be enabled, and/or wake-up circuitry 34 may be energized) (column 5 lines 48 to 57; column 7 lines 42 to 57; see Figures 1 to 4);
decode a command received by the receiver to select a second specified type of communication signal (i.e. indication signal) to detect to maintain the receiver in the active mode; set the receiver to the inactive mode when the timeout timer expires and the second specified type of communication signal is not detected (i.e. processor 38 is arranged to assert a signal WAKEUP_EN responsive to the radio frequency energy received via antenna 30 as indicated by comparator 40. Assertion of the WAKEUP_EN signal, provides operational electrical energy to additional circuitry of device 14 including, for example, wake-up circuitry 34. According to additional aspects, processor 38 enables pin 9 to accept an interrupt and/or enables an internal watchdog timer during the second operational mode. As described further below, processor 38 is arranged to monitor for the reception of an indication signal via pin 9. The processor 38 may operate in a lowest power state that sustains enabled operations during the second operational mode) (column 7 lines 58 to column 8 lines 3; see Figures 3 and 4); and
maintain the receiver in the active mode when detecting the second specified type of communication signal before the timeout timer expires (i.e. a watchdog timer may also be enabled during the third operational mode and responsive to the reception of the indication signal. The processor 38 returns operations to a lower power state if communications are not received within processor 38 via pin 10 and/or communications cease for a specified period of time as determined by the watchdog timer) (column 9 lines 51 to 57; column 10 lines 15 to 21; see Figures 3 and 4).
Referring to claims 11-12, Von Arx et al. in view of Pratt et al. disclose a method of operating an inductive communication link of an ambulatory medical device, although different in scope from the claims 1-2, the claims 11-12 contains similar limitations in that the claims 1-2 already addressed above therefore claims 11-12 are also rejected for the same reasons given with respect to claims 1-2, respectively.
Claims 7-8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Von Arx et al. (US# 8,041,432) in view of Pratt et al. (US# 7,019,617) as applied to claims 1 and 11, and further in view of Lee et al. (Pub. No. 2005/0237161).
Referring to claims 7 and 17, Von Arx et al. in view of Pratt et al. disclose the device and the method of claims 1 and 11, however, Von Arx et al. in view of Pratt et al. did not explicitly disclose wherein the receiver includes an automatic gain control (AGC) amplifier circuit configured to change signal gain according to magnitude of the communication signal based on a sensitivity gain curve of the AGC amplifier circuit; wherein the control circuit is configured to change the signal gain curve of the AGC amplifier circuit in response to a command received by the receiver.
In the same field of endeavor of a portable radio communication device, Lee et al. teach that wherein the receiver includes an automatic gain control (AGC) amplifier circuit configured to change signal gain according to magnitude of the communication signal based on a sensitivity gain curve of the AGC amplifier circuit; wherein the control circuit is configured to change the signal gain curve of the AGC amplifier circuit in response to a command received by the receiver (i.e. the automatic gain controlled (AGC) amplifier may automatically amplify input signal voltage levels to an acceptable level for the demodulator. The AGC may be fast attack and slow release, thereby the AGC tracks the carrier signal level and not the amplitude modulated data bits on the carrier signal. The AGC amplifier preferably tracks the strongest of the three input signals at the antennas. The AGC power is turned off to minimize current draw when the SPI Soft Reset command is received or after an inactivity timer time out. Once powered on, the AGC amplifier requires a minimum stabilization time (TSTAB) upon receiving input signal to stabilize) (page 7 paragraph 0094; see Figure 3) in order to stabilize upon receiving input signal from external device.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need have AGC automatically amplify input signal voltage levels to the acceptable level when received signal from the base station taught by Lee et al. in the implantable medical device having telemetry module with the timer function to be disable after timer is expired of Von Arx et al. in view of Pratt et al. because having AGC automatically amplify input signal voltage levels to the acceptable level when received signal from the base station would provide the device operates with stable receiving input signal.
Referring to claim 8, Von Arx et al. in view of Pratt et al. disclose the device of claim 1,
Lee et al. disclose wherein the receiver includes an automatic gain control (AGC) amplifier circuit having adjustable gain; and wherein the control circuit includes a no-signal timer and is configured to change gain level of the AGC amplifier circuit when the no-signal timer exceeds a predetermined no-signal threshold time (i.e. the inactivity timer may be used to automatically return the AFE 228 to standby mode by issuing a soft reset if there is no input signal before the inactivity timer expires. This is called "inactivity time out" or TINACT. The inactivity timer may be used is to minimize AFE 238 current draw by automatically returning the AFE 228 to the lower current standby mode if a spurious signal wakes the AFE 228, doing so without waking the higher power draw external control device 224. The inactivity time may be reset when: receiving a low frequency (LF) signal, {overscore (CS)} pin is low (any SPI command), or a timer-related soft reset. The inactivity time may start when there is no LF signal detected. The inactivity time may cause a AFE 228 soft reset when a previously received LF signal is absent for TINACT. The soft reset may return the AFE 228 to standby mode where the AGC, demodulator, RC oscillator and such are powered-down. This may return the AFE 228 to the lower standby current mode) (page 6 paragraph 0072; page 7 paragraph 0094; see Figures 3 and 4).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Von Arx et al. (US# 8,041,432) in view of Pratt et al. (US# 7,019,617) as applied to claims 1 and 11, and further in view of Nezamfar et al. et al. (US# 11,178,616).
Referring to claims 9 and 18, Von Arx et al. in view of Pratt et al. disclose the device and the method of claims 1 and 11, however, Von Arx et al. in view of Pratt et al. did not explicitly disclose wherein the control circuit is configured to: perform firmware instructions included in firmware of the ambulatory medical device;
perform a safety core of instructions when the performing of firmware instructions is disabled, wherein the safety core of instructions are not changeable in the ambulatory medical device and includes instructions to cause the control circuit to:
decode a memory access command that includes a memory address;
perform a memory access operation according to the memory access command; and
encode a response to the memory access command and initiate sending the response when the performing the instructions included in firmware is disabled.
In the same field of endeavor of a portable communication device, Nezamfar et al. teach that wherein the control circuit is configured to: perform firmware instructions included in firmware of the ambulatory medical device (i.e. the controller 230 may execute the application SW module 246 to perform operations associated with the wireless device 200. For example, execution of the application SW module 246 may enable the wireless device 200 to scan and report environment conditions (temperature, humidity, etc.), detect and report sensor readings (e.g., light sensor, door and window sensor, motion sensor information, etc.), or any other feasible task) (column 9 lines 30 to 37; see Figures 1-3);
perform a safety core of instructions when the performing of firmware instructions is disabled (i.e. The operation 300 begins with the wireless device 200 operating in a first power mode (302). When operating in the first power mode, one or more portions or sections of the wireless device 200 may be disconnected from power or powered down to reduce power consumption) (column 9 lines 38 to 48; see Figures 2 and 3), wherein the safety core of instructions are not changeable in the ambulatory medical device and includes instructions to cause the control circuit to:
decode a memory access command that includes a memory address (i.e. the controller 230 may execute the WUR control SW module 242 to detect and identify RF activity in a vicinity of the wireless device 200 using the WUR 210. In some implementations, executing the WUR control SW module 242 also may enable the WUR 210 to receive and decode RF signals including, for example, OOK modulated signals) (column 8 lines 54 to 66; see Figure 3);
perform a memory access operation according to the memory access command (i.e. The controller 230, which may be coupled to the WUR 210, the communication transceiver 220, and the memory 240 may be any one or more suitable controllers or processors or the like capable of executing scripts or instructions of one or more software programs stored in the wireless device 200 (e.g., within the memory 240)) (column 8 lines 54 to 63; see Figure 3); and
encode a response to the memory access command and initiate sending the response when the performing the instructions included in firmware is disabled (i.e. the controller 230 may execute the WUR control SW module 242 to detect and identify RF activity in a vicinity of the wireless device 200 using the WUR 210. In some implementations, executing the WUR control SW module 242 also may enable the WUR 210 to receive and decode RF signals including, for example, OOK modulated signals) (column 8 line 64 to column 9 lines 10; see Figure 3) in order to perform any feasible operation and transition to any feasible power mode.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need to have the application SW module to control various operations and functions associated with the wireless device taught by Nezamfar et al. in the implantable medical device having telemetry module with the timer function to be disable after timer is expired of Von Arx et al. in view of Pratt et al. because having the application SW module to control various operations and functions associated with the wireless device would provide the wireless device to operate and to perform any feasible operation and transition to any feasible power mode.
Allowable Subject Matter
Claims 3-6, 10 and 13-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Referring to claims 3 and 13, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations that wherein the first specified type of communication signal is one of a communication signal including a peak with a magnitude greater than a specified signal detection magnitude, a communication signal including a predetermined synchronization character, or a communication signal including a valid command word; and wherein the second specified type of communication signal is a different type of communication signal than the first type of communication signal.
Referring to claims 4 and 14, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations that wherein the control circuit is configured to: maintain the receiver in the active mode when the communication signal includes a peak having a first polarity;
decode a command received by the receiver to change to detecting the communication signal when detecting a peak in the communication signal having a
second polarity; and
maintain the receiver in the active mode when detecting that the communication signal has the second polarity.
Referring to claims 5 and 15, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations that wherein the receiver includes an automatic gain control (AGC) amplifier circuit having adjustable gain; and wherein the control circuit is configured to:
increment an activation counter when detecting the communication signal and maintaining the receiver in the active mode;
increment a valid communication counter when the communication signal is included in a valid communication with the ambulatory medical device;
compare a count of the activation counter and a count of the valid communication counter; and
change the gain of the AGC amplifier circuit according to a difference between the count of the activation counter and the count of the valid communication counter.
Referring to claims 6 and 16, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations that a sampling circuit coupled to the receiver and configured to sample an output of the receiver to detect the communication signal; wherein the control circuit is configured to:
mask the output of the receiver for a signal masking time after the sampling time, wherein the signal masking time is a first masking time duration;
decode a command received by the receiver to change the signal masking time to a second masking time duration; and
mask the output of the receiver for the second masking time duration after the sampling time.
Referring to claim 10, the following is a statement of reasons for the indication of allowable subject matter: the prior art fail to suggest limitations that wherein the control circuit is configured to:
perform firmware instructions included in firmware of the ambulatory medical device;
decode a write command received by the receiver, wherein the write command includes a memory address;
perform the write command when the memory address is within a specified memory address range of the memory; and
not perform the write command when the memory address is outside the specified memory address range of the memory.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the enclosed PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061. Fax number is (571) 273-3061. The examiner can normally be reached on 8:00AM-5:00PM Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
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/NAM V NGUYEN/ Primary Examiner, Art Unit 2685