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 Rejections - 35 USC § 102
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 1-11 and 15-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mylinski (U.S. Patent Application Publication No. US 2020/0188164).
Regarding independent claim 1, Mylinski discloses applicant’s claimed intra-uterine system, comprising:
an intra-uterine device (100), shaped and dimensioned for implantation in a uterus (paragraphs 0044 discloses nano-nodes 100 are able to be inside of a user, paragraph 0045 discloses nano-nodes 100 is positioned in the human body, paragraph 0236 discloses nano-nodes 100 are able to form an obstruction in the uterus); and
an external receiver device (paragraph 0115 discloses a receiver),
wherein the intra-uterine device (100) is configured to generate sensor data by
measuring conditions (paragraph 0045 discloses nano-nodes 100 are biological sensors) within the uterus while acting as a contraceptive device to prevent pregnancy (paragraphs 0228, 0232, 0236, 0252-0253) and
wherein the receiver device (paragraph 0115 discloses receiver in combination with nano-node 100 or nano-router 102 amplifies/converts to a digital signal which is fully capable of being wireless) is configured to wirelessly receive the sensor data from the intra-uterine device (100).
Regarding claim 2, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the
receiver device is operable to wirelessly (paragraph 0137) charge the intra-uterine device.
Regarding claim 3, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device (100) is shaped so as to anchor in the uterus (paragraph 0044 discloses nano-nodes 100 is able to be inside of a user, hence, fully capable of being shaped to anchor in the uterus, paragraph 0236 discloses nano-nodes 100 are able to form an obstruction in the uterus).
Regarding claim 4, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device is shaped to contact at least part of the uterine lining in the uterus (paragraph 0044 discloses nano-nodes 100 is able to be inside of a user, hence, fully capable of being shaped to contact at least part of the uterine lining, paragraph 0236 discloses nano-nodes 100 are able to form an obstruction in the uterus).
Regarding claim 5, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device (100) is configured such that the contact between the at least part of the intra-uterine device which contacts uterine lining (paragraph 0044 discloses nano-nodes 100 is able to be inside of a user, hence, fully capable of contacting between the at least part of the intra-uterine device which contacts uterine lining, paragraph 0236 discloses nano-nodes 100 are able to form an obstruction in the uterus) and the intra-uterine device disrupts the growth of the uterine lining SO as to affect implantation of a fertilised egg to prevent pregnancy.
Regarding claim 6, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device releases a chemical (paragraphs 0049-0050) into the uterus to disrupt an intra-uterine environment.
Regarding claim 7, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the
chemical (paragraphs 0049-0050) is provided as a part of the intra-uterine device (100).
Regarding claim 8, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the chemical is hormonal or nonhormonal (paragraph 0050), comprising one or more of copper, progestin or estrogen (paragraph 0236).
Regarding claim 9, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein:
the receiver device comprises an antenna (paragraph 0055), transceiver circuitry and a power source;
the intra-uterine device comprises an antenna (paragraph 0055), a charging circuit and a controller;
the receiver device is operable to transmit electrical power from the antenna of
the receiver device to the antenna of the intra-uterine device via electromagnetic coupling;
the charging circuit is configured to store the electrical power; and
the controller is configured to use the electrical power from the charging circuit for
operating the sensors of the intra-uterine device and for transmitting sensor data to the receiver
device.
Regarding claim 10, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device comprises a capacitor (paragraph 0153) and the charging circuit stores the electrical power by charging the capacitor or the rechargeable battery.
Regarding claim 11, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the power source is a rechargeable battery (paragraphs 0060 and 0136-0138).
Regarding claim 15, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device comprises a temperature sensor (paragraph 0150).
Regarding claim 16, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device comprises a pressure sensor (paragraph 0173).
Regarding claims 17-18, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein
the intra-uterine device comprises a body and one or more arms, the arms projecting laterally from the body to secure the sensor within the uterus, wherein the intra-uterine device comprises a pair of arms positioned at or proximate one end of the body and extending generally away from each other (paragraph 00235 discloses fastening/couplings elements which are interpreted to correspond to a pair of arms).
Regarding claim 19, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the receiver device is a wearable receiver device (interface 104 is a wearable device, see Figure 1).
Regarding claim 20, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the receiver device is provided in the garment (paragraph 0044 discloses receiver in combination with nano-node 100 or nano-router 102 is positioned externally such as on clothing).
Regarding claim 21, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the garment is underwear (paragraph 0044) configured to be worn adjacent the uterus.
Regarding claim 22, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the receiver device is blanket (paragraph 0044 discloses scarf which is interpreted broadly to correspond to a blanket).
Regarding claim 23, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the receiver device comprises a transmitter for wirelessly transmitting received sensor data to an external device (paragraph 0055).
Regarding claim 24, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the
external device is a portable electronic device (paragraph 64 discloses a smart phone and/or any other computing device).
Regarding claim 25, Mylinski reference, presented above, disclose applicant’s claimed intra-uterine device comprising all features as recited in these claims, wherein the intra-uterine device has an antenna which is arranged internally within the intra-uterine device.
Claim Rejections - 35 USC § 103
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 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mylinski (U.S. Patent Application Publication No. US 2020/0188164) and further in view of Iyer (U.S. Patent Application Publication No. US 2020/0001094).
Regarding claims 13-14, Mylinski does not disclose comprises a single axis antenna, and wherein the receiver device comprises Helmholtz coils, wherein the Helmholtz coils are arranged to communicate with the single axis antenna so as to wirelessly charge the intra-uterine device and receive the sensor data wherein the single axis antenna is configured to operate at a frequency in the range 119kHz to 140kHz.
However, Iyer teaches a single-axis antenna (paragraph 0108 discloses the multi-axis antenna can be the same as to a single-axis antenna) and wherein the receiver device comprises Helmholtz coils (paragraphs 039, 0099, 0130, 0159, 0177, claim 10 on page 30) , wherein the Helmholtz coils are arranged to communicate with the single axis antenna so as to wirelessly charge (paragraphs 0036, 0166) the intra-uterine device and receive the sensor data wherein the single axis antenna is configured to operate at a frequency in the range 119kHz to 140kHz (claim 7 on page 60) .
One of ordinary skill in the art would have recognized that Iyer multi/single-axis antenna is well-known in implantable medical device.
Therefore, it would have been obvious to one of ordinary skill in the art to substitute Mylinski's well-known antenna for implantable medical devices, as such substitution deems to produce predictable results of interchangeably and releasably securing the supportive section to the protective section, which provides no unusual and unobvious, and is therefore deems to fall within purview of ordinary technique absent a showing of unexpected results.
Allowable Subject Matter
Claims 12 and 26-27 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.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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