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 .
Applicant’s election without traverse of group I, claims 1-7, 9-12 in the reply filed on 06/04/2026 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.
Claims 1-2, 4-6, 9 are rejected under 35 U.S.C. 102(a, 1) as being anticipated by Dilmaghanain (U. S. Patent 9,682,242).
Regarding claim 1, Dilmaghanain, see figures 2, 5, discloses an implantable medical device (abstract) comprising: a housing 42; a header 44 coupled to the housing 42; and at least one receptacle connector stack (20 see figure 2) disposed in the header 42, the at least one receptacle connector stack (20, see figure 2) comprising a plurality of electrical contacts 18, 30 and a plurality of wiper seals 40, 42; wherein each electrical contact of the plurality of electrical contacts 18 is separated by a corresponding wiper seal 22 and wherein a first sealing element 22 (at proximal end of connector 20) is disposed at a proximal end (right side of figure 2) of the at least one receptacle connector stack 20, see figure 2 and a second sealing element (at distal end of connector 20) is disposed at a distal end (left side of figure 2) of the at least one receptacle connector stack 20, see figure 2.
Regarding claim 2, Dilmaghanain discloses the first sealing element 22 (right side of receptacle connector), and the second sealing element 22 (left side of connector 20) comprise O-rings 22.
Regarding claim 4, Dilmaghanain discloses the first sealing element 22 is configured to inhibit fluid ingress and stray electrical currents at the proximal end (right side) of the at least one receptacle connector stack 20 from an outside environment, and the second sealing element 22 is configured to inhibit fluid ingress and stray electrical currents at the distal end of the at least one receptacle connector stack 20 from the outside environment. First and second Dilmaghanain seals are formed to block water ingress and stray electrical currents into the connector from cancelled the environment. Applicant discloses no extra features for the seals that would enable them to block current therefore the mere recitation of such function does not define over Dilmaghanain seals 22.
Regarding claim 5, Dilmaghanain discloses the further comprising: a proximal seal housing (right side of figure 2) configured to receive the first sealing element 22; and a distal seal housing (left side of figure 2) configured to receive the second sealing element 22.
Regarding claim 6, Dilmaghanain discloses the proximal seal housing (right side of figure 2) and the distal seal housing (left side of figure 2) are integrally formed within the at least one receptacle connector stack 20.
Regarding claim 9, Dilmaghanain discloses further comprising: a third sealing element 22 disposed adjacent to the first sealing element 22 and further proximal of the at least one receptacle connector stack 20 to restrict a bounce back effect caused by one or more of the plurality of wiper seals 22.
Claims 1-2 are rejected under 35 U.S.C. 102(a, 1) as being anticipated by Paspa (U. S. Patent 5,662,692).
Regarding claim 1, Paspa, see figures 1, 11, 14, discloses an implantable medical device (abstract) comprising: a housing 14; a header 18 coupled to the housing 14; and at least one receptacle connector stack (24 see figure 1) disposed in the header 14, the at least one receptacle connector stack (24, see figure 1) comprising a plurality of electrical contacts 88 and a plurality of wiper seals 114; wherein each electrical contact of the plurality of electrical contacts 88 is separated by a corresponding wiper seal 114 and wherein a first sealing element 114 (at proximal end at left side figure 15) is disposed at a proximal end (right side of figure 15) of the at least one receptacle connector stack 24, see figure 1 and a second sealing element 114 (at distal end right side of figure 15) is disposed at a distal end (left side of figure 2) of the at least one receptacle connector stack 24, see figure 2.
Regarding claim 2, Dilmaghanain discloses the first sealing element 114 (right side of receptacle connector), and the second sealing element 114 (left side of figure 15) comprise O-rings 114.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dilmaghanain (U. S. Patent 9,682,242).
Regarding claim 3, Dilmaghanain discloses the claimed invention except for a diameter of each 0-rings is within a range of 0.115 to 0.375 inches for the inner diameters and 0.145 to 0.515 inches for the outside diameters. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Stutz to provide such features so as to select diameter needed for each use. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable rang es involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dilmaghanain (U. S. Patent 9,682,242) in view of Buchanan (U. S. 2019/0344064).
Regarding claim 10, Dilmaghanain discloses the claimed invention except for the implantable medical device is a ventricular assist device (VAD) implantable controller configured to generate control signals to control a blood flow and provide power to the VAD. Buchanan discloses a device VAD (see paragraph 0027). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Dilmaghanain to provide such features as taught by Buchanan so as to provide for typical features of implantable medical device.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Paspa in view of Dilmaghanain (U. S. Patent 9,682,242)
Regarding claim 12, Paspa discloses the claimed invention except for the at least one receptacle connector stack comprises a first receptacle connector stack spaced from and electrically isolated from a second receptacle connector stack. Dilmaghanain discloses such stacks as discussed above. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Paspa to provide such features as taught by Dilmaghanain so as to provide for good sealing.
Allowable Subject Matter
Claims 7 and 11 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.
None of the references discloses the proximal seal housing comprises a retention mechanism configured to engage with the at least one receptacle connector stack and the header, wherein the retention mechanism comprises at least one of: a press fit, wherein an outer periphery of the proximal seal housing is sized to tightly fit with an inner periphery of the header at a proximal end; a crush rib fit, wherein the outer periphery of the proximal seal housing includes one or more ribs configured to dig into the inner periphery of the header at the proximal end; a snap fit, wherein the outer periphery of the proximal seal housing includes one or more snapping elements configured to engage with the inner periphery of the header at the proximal end; a retaining ring attached on the outer periphery of the proximal seal housing to hold the
proximal housing in place against the housing and restrict axial movement at the proximal end; or a threaded fit, wherein the outer periphery of the proximal seal housing includes threads configured to engage with threads on the inner periphery of the housing at the proximal end, wherein the header comprises two receptacle connector stacks spaced apart time each other, each connector stack including six contacts for power and communication with the VAD and an implantable transcutaneous energy transmission system (TETS) receiver.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG K DINH whose telephone number is (571)272-2090. The examiner can normally be reached M-F from 8:30 am - 5:30 pm.
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/PHUONG K DINH/Primary Examiner, Art Unit 2831
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