DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDS have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). Applicant is requested to point out any particular references in the IDS which they believe may be of particular relevance to the instant claimed invention in response to this office action.
Drawings
The Applicant is reminded to carefully review the drawing figures and the accompanying specification to ensure that all reference numerals present in the drawing figures are defined within the specification.
Specification
The disclosure is objected to because of the following informalities: the first paragraph of the specification should be updated to indicate the present status of all applications referred to therein.
Appropriate correction is required.
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, (22 and 23), 25, 27, 29, (32 and 33), 35, 37, and 38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims (1 and 14), 15, (12 and 22), 9, (2 and 16), (14 and 15), 22, 9, and 16, respectively, of U.S. Patent No. 11,944,826. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent discloses all of the limitations defined by the associated claims of the instant application. Patented claims 1 and 14 define an implantable medical device comprising an enclosure sleeve…defining an open top end and an open bottom end…a circuit board within the enclosure sleeve…a top cap coupled to the open top end of the enclosure sleeve…a battery within the enclosure sleeve…a bottom cap coupled to the open bottom end of the enclosure sleeve…and a bumper within the bottom cap. Furthermore, patented claims 14 and 15 together define an implantable medical device comprising an enclosure sleeve…defining an open top end and an open bottom end…a circuit board within the enclosure sleeve…a top cap coupled to the open top end of the enclosure sleeve…a battery within the enclosure sleeve…and a bottom cap coupled to the open bottom end of the enclosure sleeve…wherein the bottom cap includes a different material than each of the enclosure sleeve and the top cap. Therefore, the patented claims are in essence a “species” of the generic invention of the claims of the instant application. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d (Fed. Cir. 1993).
Claims 21-31, (32-34), and 35-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, (12-14), and 15-20, respectively, of U.S. Patent No. 12,179,028. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent discloses all of the limitations defined by the associated claims of the instant application. The patented claims are in essence a “species” of the generic invention of the claims of the instant application, as shown in the table below, where bolding shows differences. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d (Fed. Cir. 1993).
Appl. 18/960,840
Patent No. 12,179,028
Claim 21. (New) An implantable medical device, comprising:
an enclosure sleeve comprising a metal and defining an open top end and an open bottom end that is opposite the open top end;
a circuit board within the enclosure sleeve including one or more of pulse generation circuitry and sensing circuitry;
a top cap coupled to the open top end of the enclosure sleeve, the top cap including a feedthrough block configured to: pass signals generated by the pulse generation circuitry, and/or pass signals received by the sensing circuitry;
a battery within the enclosure sleeve and electrically coupled to the circuit board;
a bottom cap coupled to the open bottom end of the enclosure sleeve; and
a bumper within the bottom cap, the bumper positioned between at least a portion of the circuit board and at least one surface of the bottom cap.
1. An implantable medical device, comprising:
an enclosure sleeve comprising titanium and defining an open top end and an open bottom end that is opposite the open top end;
a circuit board within the enclosure sleeve including pulse generation circuitry;
a top cap coupled to the open top end of the enclosure sleeve, the top cap including a feedthrough block configured to pass signals generated by the pulse generation circuitry;
a battery within the enclosure sleeve and electrically coupled to the circuit board;
a bottom cap coupled to the open bottom end of the enclosure sleeve; and
a bumper within the bottom cap, the bumper positioned between the circuit board and at least one surface of the bottom cap.
Claim 22. (New) The implantable medical device of claim 21, wherein the bottom cap includes a different material than the enclosure sleeve.
2. The implantable medical device of claim 1, wherein the bottom cap includes a different material than the enclosure sleeve.
Claim 23. (New) The implantable medical device of claim 21, wherein the bottom cap includes a different material than the top cap.
3. The implantable medical device of claim 1, wherein the bottom cap includes a different material than the top cap.
Claim 24. (New) The implantable medical device of claim 21, wherein the bumper is positioned between at least a portion of the battery and the at least one surface of the bottom cap.
4. The implantable medical device of claim 1, wherein the bumper is positioned between the battery and the at least one surface of the bottom cap.
Claim 25. (New) The implantable medical device of claim 21, wherein the bottom cap defines a bowl shape or canoe shape configured to receive the bumper.
5. The implantable medical device of claim 1, wherein the bottom cap defines a bowl shape or canoe shape configured to receive the bumper.
Claim 26. (New) The implantable medical device of claim 21, wherein a connection between the enclosure sleeve and the bottom cap forms a hermetic seal.
6. The implantable medical device of claim 1, wherein a connection between the enclosure sleeve and the bottom cap forms a hermetic seal.
Claim 27. (New) The implantable medical device of claim 21, wherein the top cap is welded to the enclosure sleeve.
7. The implantable medical device of claim 1, wherein the top cap is welded to the enclosure sleeve.
Claim 28. (New) The implantable medical device of claim 21, wherein the circuit board includes a recharge circuit.
8. The implantable medical device of claim 1, wherein the circuit board includes a recharge circuit.
Claim 29. (New) The implantable medical device of claim 21, wherein the feedthrough block includes a plurality of apertures, each aperture of the plurality of apertures configured to receive a connector pin therethrough.
9. The implantable medical device of claim 1, wherein the feedthrough block includes a plurality of apertures, each aperture of the plurality of apertures configured to receive a connector pin therethrough.
Claim 30. (New) The implantable medical device of claim 21, further comprising a connector block module assembly mounted to the top cap, the connector block module assembly including a plurality of lead connections configured to: convey signals from the pulse generation circuitry, and/or convey signals to the sensing circuitry.
10. The implantable medical device of claim 1, further comprising a connector block module assembly mounted to the top cap, the connector block module assembly including a plurality of lead connections configured to convey signals from the pulse generation circuitry.
Claim 31. (New) The implantable medical device of claim 30, further comprising a connector enclosure housing the connector block module assembly, the connector enclosure including a lead passageway configured to receive a medical lead.
11. The implantable medical device of claim 10, further comprising a connector enclosure housing the connector block module assembly, the connector enclosure including a lead passageway configured to receive a medical lead.
Claim 32. (New) An implantable medical device, comprising:
an enclosure sleeve comprising a metal and defining an open top end and an open bottom end that is opposite the open top end;
a circuit board within the enclosure sleeve including one or more of pulse generation circuitry and sensing circuitry;
a top cap coupled to the open top end of the enclosure sleeve, the top cap including a feedthrough block configured to: pass signals generated by the pulse generation circuitry, and/or pass signals received by the sensing circuitry;
a battery within the enclosure sleeve and electrically coupled to the circuit board;
a bottom cap coupled to the open bottom end of the enclosure sleeve; and
a bumper within the bottom cap, the bumper positioned between
at least a portion of the battery and at least one surface of the bottom cap.
Claim 33. (New) The implantable medical device of claim 32, wherein the bottom cap includes a different material than the enclosure sleeve.
Claim 34. (New) The implantable medical device of claim 32, wherein the bottom cap includes a different material than the top cap.
12. An implantable medical device, comprising:
an enclosure sleeve comprising titanium and defining an open top end and an open bottom end that is opposite the open top end;
a circuit board within the enclosure sleeve including pulse generation circuitry;
a top cap coupled to the open top end of the enclosure sleeve, the top cap including a feedthrough block configured to pass signals generated by the pulse generation circuitry;
a battery within the enclosure sleeve and electrically coupled to the circuit board; and
a bottom cap coupled to the open bottom end of the enclosure sleeve;
13. The implantable medical device of claim 12, further comprising
a bumper within the bottom cap, the bumper positioned between the circuit board and at least one surface of the bottom cap.
14. The implantable medical device of claim 13, wherein the bumper is positioned between
the battery and the at least one surface of the bottom cap.
12. … wherein the bottom cap includes a different material than each of the enclosure sleeve and the top cap.
Claim 35. (New) The implantable medical device of claim 32, wherein the bottom cap defines a bowl shape or canoe shape configured to receive the bumper.
15. The implantable medical device of claim 13, wherein the bottom cap defines a bowl shape or canoe shape configured to receive the bumper.
Claim 36. (New) The implantable medical device of claim 32, wherein a connection between the enclosure sleeve and the bottom cap forms a hermetic seal.
16. The implantable medical device of claim 12, wherein a connection between the enclosure sleeve and the bottom cap forms a hermetic seal.
Claim 37. (New) The implantable medical device of claim 32, wherein the top cap is welded to the enclosure sleeve.
17. The implantable medical device of claim 12, wherein the top cap is welded to the enclosure sleeve.
Claim 38. (New) The implantable medical device of claim 32, wherein the feedthrough block includes a plurality of apertures, each aperture of the plurality of apertures configured to receive a connector pin therethrough.
18. The implantable medical device of claim 12, wherein the feedthrough block includes a plurality of apertures, each aperture of the plurality of apertures configured to receive a connector pin therethrough.
Claim 39. (New) The implantable medical device of claim 32, further comprising a connector block module assembly mounted to the top cap, the connector block module assembly including a plurality of lead connections configured to: convey signals from the pulse generation circuitry, and/or convey signals to the sensing circuitry.
19. The implantable medical device of claim 12, further comprising a connector block module assembly mounted to the top cap, the connector block module assembly including a plurality of lead connections configured to convey signals from the pulse generation circuitry.
Claim 40. (New) The implantable medical device of claim 39, further comprising a connector enclosure housing the connector block module assembly, the connector enclosure including a lead passageway configured to receive a medical lead.
20. The implantable medical device of claim 19, further comprising a connector enclosure housing the connector block module assembly, the connector enclosure including a lead passageway configured to receive a medical lead.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAMMIE K MARLEN whose telephone number is (571)272-1986. The examiner can normally be reached Monday through Friday from 8 am until 4 pm.
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/TAMMIE K MARLEN/Primary Examiner, Art Unit 3796
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