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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on November 04, 2024, July 10, 2025, August 26, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-27 and 36-54 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-44 of U.S. Patent No. 12,137,326 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Note that the previous patent granted of the parent application family are also considered such as: 11,792,586, 10,917,730.
Patented claim 1 recites a device which perform the feature of the magnetization direction of the first magnet portion is oblique relative to the longitudinal axis, and the magnetization direction of the second magnet portion is oblique relative to the longitudinal axis.
The pending claim 21 recites a device which perform the similar feature of the magnetization direction of the first magnet portion is offset from the longitudinal axis, the magnetization direction of the second magnet portion is offset from the longitudinal axis.
Therefore, the patented claim 1 anticipates the pending 21.
Pending claims
Patented claims
21. A device, comprising: a housing; and a magnet group disposed in the housing, the magnet group generating a group magnetic field, the magnet group including: a first magnet portion that produces a first magnetic field; and a second magnet portion that produces a second magnetic field, wherein the first magnetic field and the second magnetic field contribute to the group magnetic field, wherein the device is a medical device, the magnet group is a disk-like magnet group, the first magnet portion has a first magnetization direction that is the same as a longitudinal axis of the magnet group, the second magnet portion has a second magnetization direction that is the same as the longitudinal axis of the magnet group, the magnet group is configured so that the first magnetization direction and the second magnetization direction are fixed relative to each other, the magnetization direction of the first magnet portion is offset from the longitudinal axis, the magnetization direction of the second magnet portion is offset from the longitudinal axis, and the first magnet portion and the second magnet portion are part of a monolithic body.
1. A device, comprising: a housing; and a magnet group disposed in the housing, the magnet group generating a group magnetic field, the magnet group including: a first magnet portion that produces a first magnetic field; and a second magnet portion that produces a second magnetic field, wherein the first magnetic field and the second magnetic field contribute to the group magnetic field, wherein the device is a medical device, the magnet group is a disk-like magnet group, the first magnet portion has a first magnetization direction that is different from a longitudinal axis of the magnet group, the second magnet portion has a second magnetization direction that is different from the longitudinal axis of the magnet group, the magnet group is configured so that the first magnetization direction and the second magnetization direction are fixed relative to each other, the magnetization direction of the first magnet portion is oblique relative to the longitudinal axis, and the magnetization direction of the second magnet portion is oblique relative to the longitudinal axis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Ball (US 2012/0296155 A1) discloses an arrangement is described for an implantable medical system. An implant housing contains a portion of an implantable electronic system and has a planar outer surface adapted to lie parallel to overlying skin in an implanted patient.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
June 24, 2026
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