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 Status: Claims 2-21 are pending.
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 2-6, 11-15, 20, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, 16, 17, and 19 of U.S. Patent No. 11241576. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim(s) is/are broader than the corresponding claim(s) in the reference application and thus the corresponding claim(s) is/are a species of the more generic instant claim(s). It has been held that the generic invention is "anticipated" by the "species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
Re Claim 2, US 11241576 teaches a system for advancing a cochlear electrode of a cochlear implant into a cochlea, the system comprising:
a drive mechanism configured to engage and advance the cochlear electrode, the drive mechanism comprising:
a drive interface including a first wheel (claim 1, a drive wheel comprising a drive surface) and a second wheel (claim 16, a pulley wheel positioned; claim 19, a pulley wheel positioned) operatively coupled to the cochlear electrode (claim 1, an elongate member carrying the electrode) to enable linear movement of the cochlear electrode relative to the drive mechanism (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode); and
a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the cochlear electrode (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode); and
a controller configured to control operation of the motor to achieve a controlled insertion speed of the cochlear electrode (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, claim 12, a wireless controller configured to control said motor).
Re Claim 11, US 11241576 teaches a system for controlled insertion of an elongate implant, the system comprising:
a drive mechanism configured to linearly position the elongate implant, the drive mechanism comprising:
a drive interface including a first wheel (claim 1, a drive wheel comprising a drive surface) and a second wheel (claim 16, a pulley wheel positioned; claim 19, a pulley wheel positioned) positioned to frictionally engage the elongate implant (claim 1, an elongate member carrying the electrode) to enable linear movement of the elongate implant relative to the drive mechanism (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode); and
a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the elongate implant via the drive interface (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode); and
a controller configured to control operation of the motor to control the linear movement of the elongate implant (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, claim 12, a wireless controller configured to control said motor).
Re Claim 20, US 11241576 teaches an apparatus for controlling an implant position of a cochlear implant, the apparatus comprising:
a drive interface including a first wheel (claim 1, a drive wheel comprising a drive surface) and a second wheel (claim 16, a pulley wheel positioned; claim 19, a pulley wheel positioned) positioned to frictionally engage the cochlear implant (claim 1, an elongate member carrying the electrode) to position the cochlear implant relative to the apparatus (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode);
a motor coupled to the drive interface, wherein the motor provides mechanical energy to position the cochlear implant via the drive interface (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode); and
a controller configured to control operation of the motor to control position of the cochlear implant (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, a position sensor sensing the position of the electrode; claim 12, a wireless controller configured to control said motor).
Re Claims 3 and 12, US 11241576 teaches that the first wheel and the second wheel are positioned on opposing sides of the cochlear electrode for passing the cochlear electrode between the first wheel and the second wheel (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode; claim 16, a pulley wheel positioned adjacent the drive wheel to pinch the elongate member against the drive surface to enable movement of the electrode).
Re Claims 4 and 13, US 11241576 teaches that the first wheel is a drive wheel operably coupled to the motor to translate rotational input received from the motor into the linear movement of the cochlear electrode (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode).
Re Claims 5 and 14, US 11241576 teaches that the second wheel is an idler wheeler positioned relative to the drive wheel to apply frictional contact between the cochlear electrode and the drive wheel (claim 16, a pulley wheel positioned adjacent the drive wheel to pinch the elongate member against the drive surface to enable movement of the electrode).
Re Claims 6 and 15, US 11241576 teaches a position sensor electrically coupled to the controller to provide position feedback on the linear movement of the cochlear electrode (claim 1, a position sensor sensing the position of the electrode).
Re Claim 21, US 11241576 teaches that the first wheel is a drive wheel operably coupled to the motor and the second wheel is an idler wheel positioned relative to the first wheel to frictionally engage the cochlear implant (claim 1, a motor mounted inside the hermetically sealed main body, the motor coupleable to the electrode via the drive wheel and remotely operable to move the electrode relative to the main body, wherein the drive surface of the drive wheel is configured to frictionally engage the elongate member carrying the electrode to move the electrode; claim 16, a pulley wheel positioned adjacent the drive wheel to pinch the elongate member against the drive surface to enable movement of the electrode).
Claims 2-5, 7, 11-14, 16, 20, and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 7, 8, and 11 of U.S. Patent No. 12011594. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claim(s) is/are broader than the corresponding claim(s) in the reference application and thus the corresponding claim(s) is/are a species of the more generic instant claim(s). It has been held that the generic invention is "anticipated" by the "species". See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
Re Claim 2, US 12011594 teaches a system for advancing a cochlear electrode of a cochlear implant into a cochlea, the system comprising:
a drive mechanism configured to engage and advance the cochlear electrode, the drive mechanism comprising:
a drive interface including a first wheel and a second wheel operatively coupled to the cochlear electrode to enable linear movement of the cochlear electrode relative to the drive mechanism (claim 1, at least two rollers arranged to engage, through compression between respective radial outer surfaces of the at least two rollers, at least a portion of an elongate member of the implant); and
a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the cochlear electrode (claim 1, rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression; claim 2, a motor configured to, in response to the motion control signal, drive rotation of the at least one motorized roller via a power transmission unit); and
a controller configured to control operation of the motor to achieve a controlled insertion speed of the cochlear electrode (claim 1, a control console configured to generate a motion control signal for controllably driving rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression; claim 7, wherein the control console is configured to receive a user input of at least one motion parameter, and to generate the motion control signal in accordance with the user input of the at least one motion parameter to regulate motion of the elongate member; claim 8, at least one motion parameter includes one or more of a movement rate).
Re Claim 11, US 12011594 teaches a system for controlled insertion of an elongate implant, the system comprising:
a drive mechanism configured to linearly position the elongate implant, the drive mechanism comprising:
a drive interface including a first wheel and a second wheel positioned to frictionally engage the elongate implant to enable linear movement of the elongate implant relative to the drive mechanism (claim 1, at least two rollers arranged to engage, through compression between respective radial outer surfaces of the at least two rollers, at least a portion of an elongate member of the implant); and
a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the elongate implant via the drive interface (claim 1, rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression; claim 2, a motor configured to, in response to the motion control signal, drive rotation of the at least one motorized roller via a power transmission unit); and
a controller configured to control operation of the motor to control the linear movement of the elongate implant (claim 1, a control console configured to generate a motion control signal for controllably driving rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression; claim 7, wherein the control console is configured to receive a user input of at least one motion parameter, and to generate the motion control signal in accordance with the user input of the at least one motion parameter to regulate motion of the elongate member; claim 8, at least one motion parameter includes one or more of a movement rate, a movement direction or orientation, a movement distance, a position of a distal end of the elongate member, or an amount of force imposed on the elongate member).
Re Claim 20, US 12011594 teaches an apparatus for controlling an implant position of a cochlear implant, the apparatus comprising:
a drive interface including a first wheel and a second wheel positioned to frictionally engage the cochlear implant to position the cochlear implant relative to the apparatus (claim 1, at least two rollers arranged to engage, through compression between respective radial outer surfaces of the at least two rollers, at least a portion of an elongate member of the implant);
a motor coupled to the drive interface, wherein the motor provides mechanical energy to position the cochlear implant via the drive interface (claim 1, rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression; claim 2, a motor configured to, in response to the motion control signal, drive rotation of the at least one motorized roller via a power transmission unit); and
a controller configured to control operation of the motor to control position of the cochlear implant (claim 1, a control console configured to generate a motion control signal for controllably driving rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression; claim 7, wherein the control console is configured to receive a user input of at least one motion parameter, and to generate the motion control signal in accordance with the user input of the at least one motion parameter to regulate motion of the elongate member; claim 8, at least one motion parameter includes one or more of a movement rate, a movement direction or orientation, a movement distance, a position of a distal end of the elongate member, or an amount of force imposed on the elongate member).
Re Claims 3 and 12, US 12011594 teaches that the first wheel and the second wheel are positioned on opposing sides of the cochlear electrode for passing the cochlear electrode between the first wheel and the second wheel (claim 1, at least two rollers arranged to engage, through compression between respective radial outer surfaces of the at least two rollers, at least a portion of an elongate member of the implant).
Re Claims 4 and 13, US 12011594 teaches that the first wheel is a drive wheel operably coupled to the motor to translate rotational input received from the motor into the linear movement of the cochlear electrode (claim 1, driving rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression).
Re Claims 5 and 14, US 12011594 teaches that the second wheel is an idler wheeler positioned relative to the drive wheel to apply frictional contact between the cochlear electrode and the drive wheel (claim 1, driving rotation of at least one motorized roller of the at least two rollers, said rotation actuating a translational motion or a rotational motion of the elongate member via friction generated by the compression).
Re Claims 7 and 16, US 12011594 teaches one or more sensors configured to sense one or more parameters, wherein the controller is configured to control the drive mechanism the one or more parameters (claim 11, one or more sensors coupled to or included in the implantable positioning unit, the one or more sensors configured to sense a motion of the implant, wherein the control console is configured to generate the motion control signal in accordance with the sensed motion of the implant.).
Re Claim 21, US 12011594 teaches that the first wheel is a drive wheel operably coupled to the motor and the second wheel is an idler wheel positioned relative to the first wheel to frictionally engage the cochlear implant (claim 1, at least two rollers arranged to engage, through compression between respective radial outer surfaces of the at least two rollers, at least a portion of an elongate member of the implant).
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.
Claims 2-21 are rejected under 35 U.S.C. 103 as being unpatentable over Gessman (US 4637404A) in view of Halpern (US 6497645B1).
Re Claims 2 and 4, Gessman discloses a system for advancing a cochlear electrode of a cochlear implant into a cochlea, the system comprising:
a drive mechanism configured to engage and advance the cochlear electrode, the drive mechanism comprising:
a drive interface (col. 7, lines 5-6, electrode insertion apparatus 100) including a first wheel (col. 7, lines 19-20, fig. 5, a drive roller 112) and a second wheel (col. 7, lines 19-20, fig. 5, an idler roller 110) operatively coupled to the cochlear electrode (col. 7, line 1, fig. 5, wire electrode 22) to enable linear movement of the cochlear electrode relative to the drive mechanism (fig. 5 shows the linear movement of electrode 22, col. 7, lines 53-55, The crank 120 is rotated until the distal end 38 of the wire electrode 22 emerges from the distal end of the in-place catheter).
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Examiner notes: The claim languages, “engage and advance the cochlear electrode” and “enable linear movement of the cochlear electrode,” are intended use. Gessman’s drive mechanism has all the claimed structures to perform the function.
Gessman is silent regarding a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the cochlear electrode; and a controller configured to control operation of the motor to achieve a controlled insertion speed of the cochlear electrode.
However, Halpern discloses a system for robotically assisted implantation or manipulation of an implant in a patient, the system comprising:
a drive mechanism comprising a drive interface including a first wheel (col. 7, lines 9-32, fig. 5, fig. 13, motors 167) and a second wheel (col. 7, lines 9-32, fig. 5, fig. 13, guide rollers 305) operatively coupled to a wire (col. 7, lines 9-32, fig. 5, radiation source wire 180) to enable linear movement of the wire relative to the drive mechanism (fig. 5, fig. 13, col. 7, lines 9-32, The motors 167 of a motorized radiation source cassette 163 advance or retract the radiation source wire 180 or the dummy source wire 410 into and out of the radiation source cassette 163.);
a motor operatively coupled to the drive interface (col. 7, lines 9-32, fig. 5, fig. 13, motors 167), wherein the motor drives the linear movement of the wire, wherein the first wheel is a drive wheel operably coupled to the motor to translate rotational input received from the motor into the linear movement of the cochlear electrode (fig. 5, fig. 13, col. 7, lines 9-32, The motors 167 of a motorized radiation source cassette 163 advance or retract the radiation source wire 180 or the dummy source wire 410 into and out of the radiation source cassette 163.); and
a controller configured to control operation of the motor to achieve a controlled insertion speed of the wire (col. 11, lines 23-46, The speed and feed rates used for delivering and retracting the radiation source wires 180 and dummy source wires 410 can be standardized so that they are not permitted to be modified by an end user, or they can be programmable within the treatment control software program 185; col. 8, lines 49-66, The host computer 175 utilizes the diameter of the two motors 167 and 1305 and the speed in which the radiation source wire 180 or dummy source wire 410 is being advanced to determine the distance that the radiation source 415 or the dummy source 420 has traveled.)
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Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Gessman, by adding a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the cochlear electrode, wherein the first wheel is a drive wheel operably coupled to the motor to translate rotational input received from the motor into the linear movement of the cochlear electrode; and a controller configured to control operation of the motor to achieve a controlled insertion speed of the cochlear electrode, as taught by Halpern, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. MPEP 2144.04.
Re Claim 11, Gessman discloses a system for controlled insertion of an elongate implant, the system comprising:
a drive mechanism configured to linearly position the elongate implant, the drive mechanism comprising:
a drive interface (col. 7, lines 5-6, electrode insertion apparatus 100) including a first wheel (col. 7, lines 19-20, fig. 5, a drive roller 112) and a second wheel (col. 7, lines 19-20, fig. 5, an idler roller 110) positioned to frictionally engage the elongate implant (col. 7, line 1, fig. 5, wire electrode 22) to enable linear movement of the elongate implant relative to the drive mechanism (fig. 5 shows the linear movement of electrode 22, col. 7, lines 53-55, The crank 120 is rotated until the distal end 38 of the wire electrode 22 emerges from the distal end of the in-place catheter).
Gessman is silent regarding a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the elongate implant via the drive interface; and a controller configured to control operation of the motor to control the linear movement of the elongate implant.
However, Halpern discloses a system for robotically assisted implantation or manipulation of an implant in a patient, the system comprising:
a drive mechanism comprising a drive interface including a first wheel (col. 7, lines 9-32, fig. 5, fig. 13, motors 167) and a second wheel (col. 7, lines 9-32, fig. 5, fig. 13, guide rollers 305) positioned to frictionally engage a wire (col. 7, lines 9-32, fig. 5, radiation source wire 180) to enable linear movement of the wire relative to the drive mechanism (fig. 5, fig. 13, col. 7, lines 9-32, The motors 167 of a motorized radiation source cassette 163 advance or retract the radiation source wire 180 or the dummy source wire 410 into and out of the radiation source cassette 163.);
a motor operatively coupled to the drive interface (col. 7, lines 9-32, fig. 5, fig. 13, motors 167), wherein the motor drives the linear movement of the wire via the drive interface (fig. 5, fig. 13, col. 7, lines 9-32, The motors 167 of a motorized radiation source cassette 163 advance or retract the radiation source wire 180 or the dummy source wire 410 into and out of the radiation source cassette 163.); and
a controller configured to control operation of the motor to control the linear movement of the elongate implant (col. 11, lines 23-46, The speed and feed rates used for delivering and retracting the radiation source wires 180 and dummy source wires 410 can be standardized so that they are not permitted to be modified by an end user, or they can be programmable within the treatment control software program 185; col. 8, lines 49-66, The host computer 175 utilizes the diameter of the two motors 167 and 1305 and the speed in which the radiation source wire 180 or dummy source wire 410 is being advanced to determine the distance that the radiation source 415 or the dummy source 420 has traveled.)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Gessman, by adding a motor operatively coupled to the drive interface, wherein the motor drives the linear movement of the elongate implant via the drive interface; and a controller configured to control operation of the motor to control the linear movement of the elongate implant, as taught by Halpern, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. MPEP 2144.04.
Re Claim 20, Gessman discloses an apparatus for controlling an implant position of a cochlear implant, the apparatus comprising:
a drive interface (col. 7, lines 5-6, electrode insertion apparatus 100) including a first wheel (col. 7, lines 19-20, fig. 5, a drive roller 112) and a second wheel (col. 7, lines 19-20, fig. 5, an idler roller 110) positioned to frictionally engage the cochlear implant (col. 7, line 1, fig. 5, wire electrode 22) to position the cochlear implant relative to the apparatus (fig. 5 shows the linear movement of electrode 22, col. 7, lines 53-55, The crank 120 is rotated until the distal end 38 of the wire electrode 22 emerges from the distal end of the in-place catheter).
Examiner notes: The claim languages, “engage the cochlear implant” and “position the cochlear implant relative to the apparatus,” are intended use. Gessman’s drive mechanism has all the claimed structures to perform the function.
Gessman is silent regarding a motor coupled to the drive interface, wherein the motor provides mechanical energy to position the cochlear implant via the drive interface; and a controller configured to control operation of the motor to control position of the cochlear implant.
However, Halpern discloses a system for robotically assisted implantation or manipulation of an implant in a patient, the system comprising:
a drive interface including a first wheel (col. 7, lines 9-32, fig. 5, fig. 13, motors 167) and a second wheel (col. 7, lines 9-32, fig. 5, fig. 13, guide rollers 305) positioned to frictionally engage the cochlear implant (col. 7, lines 9-32, fig. 5, radiation source wire 180) to position the cochlear implant relative to the apparatus (fig. 5, fig. 13, col. 7, lines 9-32, The motors 167 of a motorized radiation source cassette 163 advance or retract the radiation source wire 180 or the dummy source wire 410 into and out of the radiation source cassette 163.);
a motor coupled to the drive interface (col. 7, lines 9-32, fig. 5, fig. 13, motors 167), wherein the motor provides mechanical energy to position the cochlear implant via the drive interface (fig. 5, fig. 13, col. 7, lines 9-32, The motors 167 of a motorized radiation source cassette 163 advance or retract the radiation source wire 180 or the dummy source wire 410 into and out of the radiation source cassette 163.); and
a controller configured to control operation of the motor to control position of the cochlear implant (col. 11, lines 23-46, The speed and feed rates used for delivering and retracting the radiation source wires 180 and dummy source wires 410 can be standardized so that they are not permitted to be modified by an end user, or they can be programmable within the treatment control software program 185; col. 8, lines 49-66, The host computer 175 utilizes the diameter of the two motors 167 and 1305 and the speed in which the radiation source wire 180 or dummy source wire 410 is being advanced to determine the distance that the radiation source 415 or the dummy source 420 has traveled; col. 11, line 23-47, The precise length and adjustments to the dwell time and incremental dwell lengths can be made via a closed-loop system recognizing the number of encoder steps seen by an indexer. When the motor 167 is rotating, the indexer repeatedly compares the number of encoder steps coming in against the number of motor steps being sent out. If the encoder position deviates excessively from the desired position in the course of a move, the indexer assumes the motor has stalled. A correction could be performed to correct this condition. In another embodiment, the encoders can be replaced with rugged motor-mounted resolvers. A resolver is a rugged electromagnetic feedback device that acts like a rotating transformer to provide an analog signal with velocity and position information.)
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Gessman, by adding a motor coupled to the drive interface, wherein the motor provides mechanical energy to position the cochlear implant via the drive interface; and a controller configured to control operation of the motor to control position of the cochlear implant, as taught by Halpern, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art. MPEP 2144.04.
Re Claim 3, Gessman discloses that the first wheel (col. 7, lines 19-20, fig. 5, a drive roller 112) and the second wheel (col. 7, lines 19-20, fig. 5, an idler roller 110) are positioned on opposing sides of the cochlear electrode (col. 7, line 1, fig. 5, wire electrode 22) for passing the cochlear electrode between the first wheel and the second wheel (fig. 5).
Re Claim 12, Claim 12 is rejected under substantially the same basis as claim 3.
Re Claim 5, Gessman discloses that the second wheel is an idler wheeler (col. 7, lines 19-20, fig. 5, an idler roller 110) positioned relative to the drive wheel (col. 7, lines 19-20, fig. 5, a drive roller 112) to apply frictional contact between the cochlear electrode and the drive wheel (fig. 5 shows the linear movement of electrode 22, col. 7, lines 53-55, The crank 120 is rotated until the distal end 38 of the wire electrode 22 emerges from the distal end of the in-place catheter).
Re Claim 13, Claim 13 is rejected under substantially the same basis as claims 2 and 4.
Re Claim 14, Claim 14 is rejected under substantially the same basis as claim 5.
Re Claim 21, Claim 21 is rejected under substantially the same basis as claims 4 and 5.
Re Claim 6, Gessman as modified by Halpern discloses the claimed invention substantially as set forth in claim 2.
Gessman is silent regarding a position sensor electrically coupled to the controller to provide position feedback on the linear movement of the cochlear electrode.
However, Halpern further discloses a position sensor electrically coupled to the controller to provide position feedback on the linear movement of the cochlear electrode (col. 11, line 23-47, The precise length and adjustments to the dwell time and incremental dwell lengths can be made via a closed-loop system recognizing the number of encoder steps seen by an indexer. When the motor 167 is rotating, the indexer repeatedly compares the number of encoder steps coming in against the number of motor steps being sent out. If the encoder position deviates excessively from the desired position in the course of a move, the indexer assumes the motor has stalled. A correction could be performed to correct this condition. In another embodiment, the encoders can be replaced with rugged motor-mounted resolvers. A resolver is a rugged electromagnetic feedback device that acts like a rotating transformer to provide an analog signal with velocity and position information.).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Gessman as modified by Halpern, by adding a position sensor electrically coupled to the controller to provide position feedback on the linear movement of the cochlear electrode, as taught by Halpern, for the purpose of providing position information (col. 11, line 23-47).
Re Claim 15, Claim 15 is rejected under substantially the same basis as claim 6.
Re Claims 7, 8, 9 and 10, Gessman as modified by Halpern discloses the claimed invention substantially as set forth in claim 2.
Gessman is silent regarding a force sensor, wherein the controller is further configured to control an amount of force applied to the cochlear electrode, wherein the amount of force is controlled via a closed loop feedback circuit within the controller communicating with the force sensor. Gessman is silent regarding one or more sensors configured to sense one or more parameters, wherein the controller is configured to control the drive mechanism the one or more parameters, wherein the one or more parameters include parameters from a group of parameters including: position; force; hair cell voltage; and neuronal membrane voltage.
However, Halpern further discloses a force sensor, wherein the controller is further configured to control an amount of force applied to the cochlear electrode, wherein the amount of force is controlled via a closed loop feedback circuit within the controller communicating with the force sensor (col. 11, line 60 – col. 12, line 11, a pressure sensor also measures the amount of force being applied to advance the source wires 180 or dummy wires. If the force applied to advance the source wire 180 or dummy wires surpasses the maximum amount allowed by the pressure sensor, an alarm sounds and the source wire 180 or dummy wire are retracted into the remote afterloader 105). Halpern discloses one or more sensors configured to sense one or more parameters, wherein the controller is configured to control the drive mechanism the one or more parameters, wherein the one or more parameters include force (col. 11, line 60 – col. 12, line 11, a pressure sensor also measures the amount of force being applied to advance the source wires 180 or dummy wires. If the force applied to advance the source wire 180 or dummy wires surpasses the maximum amount allowed by the pressure sensor, an alarm sounds and the source wire 180 or dummy wire are retracted into the remote afterloader 105).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Gessman as modified by Halpern, by adding a force sensor, wherein the controller is further configured to control an amount of force applied to the cochlear electrode, wherein the amount of force is controlled via a closed loop feedback circuit within the controller communicating with the force sensor and by adding one or more sensors configured to sense one or more parameters, wherein the controller is configured to control the drive mechanism the one or more parameters, wherein the one or more parameters include parameters from a group of parameters including: position; force; hair cell voltage; and neuronal membrane voltage, as taught by Halpern, for the purpose of measuring the amount of force being applied to advance the wire electrode and detecting surpassing of maximum amount of force allowed by the pressure sensor (col. 11, line 60 – col. 12, line 11).
Re Claims 16-19, Claims 16-19 are rejected under substantially the same basis as claims 7-10.
Conclusion
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, May 30, 2026Examiner, Art Unit 3792
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