CTNF 18/983,323 CTNF 85428 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 06-31 AIA The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1, 6-11 and 16-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2016/0213937 to Reinke et al. (Reinke) (cited by applicant) . In reference to at least claim 1 Reinke discloses a medical device system comprising a first medical device (e.g. 16) comprising: first sensing circuitry (e.g. communication module 78) configured to: operate in a polling mode for detecting a beacon signal transmitted by tissue conduction communication from a second medical device (e.g. “such as approximately 250 milliseconds to look for a TCC signal. In some examples, such as when polling for a TCC signal,”, para. [0070], [0097]); switch from the polling mode to a receiving mode in response to detecting the beacon signal (e.g. “Once a TCC signal has been detected, processor 74 may control switching module 86 to couple receiver module 82 to electrodes 52 and 60 for a longer period of time,”, para. [0071]); and operate in the receiving mode to receive a data packet transmitted by tissue conduction communication from the second medical device (e.g. “The data modulated on TCC signals may include “wake up” commands, or commands to deliver ATP or post-shock pacing, as examples.”, para. [0062); and a first signal generator configured to: generate tissue conduction communication signals for transmission to the second medical device (e.g. “Communication transmitter module 84 may also be configured transmit TCC signals within the predetermined frequency band for RF telemetry communication via electrodes 52 and 60”, para. [0064]); and deliver a cardiac pacing pulse in response to the data packet being received by the sensing circuitry (e.g. “ For example, therapeutic signal generator 72 may deliver ATP or post-shock pacing pulses to a portion of cardiac muscle within heart 12 via electrodes 52 and 60 as controlled by processor 74.”, para. [0058], “For example, a TCC signal emitted by ICD 30 may include a command to deliver ATP or post-shock pacing, and processor 74 may be configured to control therapeutic signal generator 72 to deliver the at least one of ATP or post-shock pacing via electrodes 52 and 60 in response to the TCC signal.”, para. [0067]). In reference to at least claim 6 Reinke discloses wherein the first sensing circuitry is further configured to detect the beacon signal by determining a frequency of a received signal and comparing the frequency to beacon signal detection criteria (e.g. “Communication receiver module 82 is also configured to receive TCC signals within the predetermined frequency band”, para. [0062]; “The predetermined frequency band for RF telemetry communication, which communication receiver module 82 and/or communication transmitter module 84 may use for both RF telemetry communication and TCC, may be greater than or equal to approximately 100 kHz.”, para. [0065], “The communication module comprises at least one of: a communication receiver module configured to receive and demodulate signals within a predetermined frequency band for RF telemetry communication,”, para. [0077]). In reference to at least claim 7 Reinke discloses wherein the first signal generator is further configured to deliver the cardiac pacing pulse according to a pacing time interval (e.g. “For example, therapeutic signal generator 72 may deliver ATP or post-shock pacing pulses to a portion of cardiac muscle within heart 12 via electrodes 52 and 60 as controlled by processor 74.”, para. [0058], “In one example, ICD 30 may send a TCC message to LPD 16 to shorten a pacing interval for one or more beats, and detect implementation of the shortened pacing interval by detecting pacing pulses or resulting depolarizations with sensing module 90 via one or more of electrodes 32, 38, 40, or 41.”, para. [0093]). In reference to at least claim 8 Reinke discloses wherein the first signal generator is further configured to transmit data via tissue conduction communication relating to the delivered cardiac pacing pulse (e.g. “LPD 16 may transmit and/or receive TCC signals to test the operation of TCC. In one example, ICD 30 may send a TCC message to LPD 16 to shorten a pacing interval for one or more beats, and detect implementation of the shortened pacing interval by detecting pacing pulses or resulting depolarizations with sensing module 90 via one or more of electrodes 32, 38, 40, or 41. Based on detecting the shortened pacing interval, ICD 30 may confirm the availability of TCC with LPD 16.”, para. [0093]). In reference to at least claim 9 Reinke discloses wherein the first sensing circuitry is further configured to demodulate the data packet to represent coded data of the data packet (e.g. “one or both of LPD 16 and ICD 30 may include a communication module configured to modulate and transmit, and/or receive and demodulate, radio-frequency (RF) telemetry signals within a predetermined frequency band for RF telemetry communication, as well as TCC signals within the predetermined frequency band for RF telemetry communication”, para. [0024], “ In some examples, the communication receiver module is also configured to receive TCC signals via a plurality of electrodes of the IMD, e.g., LPD 16 and/or ICD 30, and demodulate the TCC signals.”, para. [0044]). In reference to at least claim 10 Reinke discloses wherein the first medical device is a leadless pacemaker (e.g. “a leadless pacing device (LPD) 16 implanted within a heart 12 of patient 14”, para. [0024]). In reference to at least claim 11 Reinke discloses a method comprising: operating in a polling mode for detecting by a first medical device a beacon signal transmitted by tissue conduction communication from a second medical device (e.g. “such as approximately 250 milliseconds to look for a TCC signal. In some examples, such as when polling for a TCC signal,”, para. [0070], [0097]) ; switching from the polling mode to a receiving mode of the first medical device in response to detecting the beacon signal (e.g. “Once a TCC signal has been detected, processor 74 may control switching module 86 to couple receiver module 82 to electrodes 52 and 60 for a longer period of time,”, para. [0071]) ; operating in the receiving mode to receive by the first medical device a data packet transmitted by tissue conduction communication from the second medical device (e.g. “The data modulated on TCC signals may include “wake up” commands, or commands to deliver ATP or post-shock pacing, as examples.”, para. [0062) ; and delivering a cardiac pacing pulse by the first medical device in response to the data packet being received (e.g. “ For example, therapeutic signal generator 72 may deliver ATP or post-shock pacing pulses to a portion of cardiac muscle within heart 12 via electrodes 52 and 60 as controlled by processor 74.”, para. [0058], “For example, a TCC signal emitted by ICD 30 may include a command to deliver ATP or post-shock pacing, and processor 74 may be configured to control therapeutic signal generator 72 to deliver the at least one of ATP or post-shock pacing via electrodes 52 and 60 in response to the TCC signal.”, para. [0067]) . In reference to at least claim 16 Reinke discloses detecting the beacon signal by the first medical device by determining a frequency of a received signal and comparing the frequency to beacon signal detection criteria (e.g. “Communication receiver module 82 is also configured to receive TCC signals within the predetermined frequency band”, para. [0062]; “The predetermined frequency band for RF telemetry communication, which communication receiver module 82 and/or communication transmitter module 84 may use for both RF telemetry communication and TCC, may be greater than or equal to approximately 100 kHz.”, para. [0065], “The communication module comprises at least one of: a communication receiver module configured to receive and demodulate signals within a predetermined frequency band for RF telemetry communication,”, para. [0077]). In reference to at least claim 17 Reinke discloses delivering the cardiac pacing pulse according to a pacing time interval (e.g. “For example, therapeutic signal generator 72 may deliver ATP or post-shock pacing pulses to a portion of cardiac muscle within heart 12 via electrodes 52 and 60 as controlled by processor 74.”, para. [0058], “In one example, ICD 30 may send a TCC message to LPD 16 to shorten a pacing interval for one or more beats, and detect implementation of the shortened pacing interval by detecting pacing pulses or resulting depolarizations with sensing module 90 via one or more of electrodes 32, 38, 40, or 41.”, para. [0093]). In reference to at least claim 18 Reinke discloses transmitting, by the first medical device, data via tissue conduction communication relating to the delivered cardiac pacing pulse (e.g. “LPD 16 may transmit and/or receive TCC signals to test the operation of TCC. In one example, ICD 30 may send a TCC message to LPD 16 to shorten a pacing interval for one or more beats, and detect implementation of the shortened pacing interval by detecting pacing pulses or resulting depolarizations with sensing module 90 via one or more of electrodes 32, 38, 40, or 41. Based on detecting the shortened pacing interval, ICD 30 may confirm the availability of TCC with LPD 16.”, para. [0093]). In reference to at least claim 19 Reinke discloses demodulating the data packet to represent coded data of the data packet (e.g. “one or both of LPD 16 and ICD 30 may include a communication module configured to modulate and transmit, and/or receive and demodulate, radio-frequency (RF) telemetry signals within a predetermined frequency band for RF telemetry communication, as well as TCC signals within the predetermined frequency band for RF telemetry communication”, para. [0024], “ In some examples, the communication receiver module is also configured to receive TCC signals via a plurality of electrodes of the IMD, e.g., LPD 16 and/or ICD 30, and demodulate the TCC signals.”, para. [0044]). In reference to at least claim 20 Reinke discloses a non-transitory computer readable medium storing instructions that, when executed by control circuitry of a medical device, cause the medical device to (e.g. “Communication module 78 may include hardware, firmware, software or any combination thereof for communicating with another device,”, para. [0060], “The techniques described in this disclosure, including those attributed to ICD 30, LPD 16, programmer 20, and various constituent components, may be implemented, at least in part, in hardware, software, firmware or any combination thereof.”, para. [0107]-[0108]): operate in a polling mode for detecting by a first medical device a beacon signal transmitted by tissue conduction communication from a second medical device (e.g. “such as approximately 250 milliseconds to look for a TCC signal. In some examples, such as when polling for a TCC signal,”, para. [0070], [0097]) ; switch from the polling mode to a receiving mode of the first medical device in response to detecting the beacon signal (e.g. “Once a TCC signal has been detected, processor 74 may control switching module 86 to couple receiver module 82 to electrodes 52 and 60 for a longer period of time,”, para. [0071]) ; operate in the receiving mode to receive by the first medical device a data packet transmitted by tissue conduction communication from the second medical device (e.g. “The data modulated on TCC signals may include “wake up” commands, or commands to deliver ATP or post-shock pacing, as examples.”, para. [0062) ; generate tissue conduction communication signals by the first medical device for transmission to the second medical device e.g. “Communication transmitter module 84 may also be configured transmit TCC signals within the predetermined frequency band for RF telemetry communication via electrodes 52 and 60”, para. [0064]) ; and deliver a cardiac pacing pulse by the first medical device in response to the data packet being received (e.g. “ For example, therapeutic signal generator 72 may deliver ATP or post-shock pacing pulses to a portion of cardiac muscle within heart 12 via electrodes 52 and 60 as controlled by processor 74.”, para. [0058], “For example, a TCC signal emitted by ICD 30 may include a command to deliver ATP or post-shock pacing, and processor 74 may be configured to control therapeutic signal generator 72 to deliver the at least one of ATP or post-shock pacing via electrodes 52 and 60 in response to the TCC signal.”, para. [0067]) . Allowable Subject Matter Claims 2-5 and 12-15 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. The following is a statement of reasons for the indication of allowable subject matter: In view of the art that is relevant to the claimed invention the prior art does not teach or reasonably suggest, within the context of the other claim elements, transmitting the beacon signal by tissue conduction communication, the beacon signal transmitted having a first peak to peak amplitude; and transmitting the data packet by tissue conduction communication, the data packet transmitted having a second peak to peak amplitude less than the first peak to peak amplitude, respectively in combination with the other claim limitations. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2016/0213939 to Carney et al. which discloses tissue conduction communication transmission between implantable devices including leadless pacing devices. US 2018/0289973 to Carney et al. which discloses low power wireless communication that includes tissue conduction communication transmission between implantable devices including leadless pacing devices . Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER L GHAND whose telephone number is (571)270-5844. The examiner can normally be reached Mon-Fri 7:30AM - 3:30PM ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JENNIFER L GHAND/Examiner, Art Unit 3796 Application/Control Number: 18/983,323 Page 2 Art Unit: 3796 Application/Control Number: 18/983,323 Page 3 Art Unit: 3796 Application/Control Number: 18/983,323 Page 4 Art Unit: 3796 Application/Control Number: 18/983,323 Page 5 Art Unit: 3796 Application/Control Number: 18/983,323 Page 6 Art Unit: 3796 Application/Control Number: 18/983,323 Page 7 Art Unit: 3796 Application/Control Number: 18/983,323 Page 8 Art Unit: 3796 Application/Control Number: 18/983,323 Page 9 Art Unit: 3796 Application/Control Number: 18/983,323 Page 10 Art Unit: 3796
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