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
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiedenhoefer et al. (US 2016/0302721 A1).
Regarding claim 1, Wiedenhoefer et al. (‘721) teach a method of ultrasound communication for use during a medical procedure, said method comprising: providing a sensor module including: an encapsulation hermetically sealing the sensor module; an ultrasonic transducer; a power storage device; one or more sensors (see [0039], [0040]-[0047], [0050]-[0059], [0062]); a controller operatively coupled to the ultrasonic transducer and the one or more sensors; and a charging circuit operably connected to the power storage device and the ultrasonic transducer such that the power storage device receives power from the ultrasonic transducer; placing an implantable medical device within a body of a patient, the implantable medical device having an interior portion, wherein at least a portion of the sensor module is disposed within the interior portion of the implantable medical device (see [0039], [0040]-[0047], [0050]-[0059], [0062]); modifying an electrical switch by the controller when to the ultrasonic transducer receives ultrasonic waves a particular modulated signal (see [0068]).
Regarding claim 2, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein at least a portion of the sensor module is disposed at an exterior portion of the implantable medical device (see [0069]).
Regarding claim 3, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the ultrasonic transducer is a tubular piezoelectric transducer configured to transmit and receive ultrasound signals (see [0041]-[0047]).
Regarding claim 4, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the controller is configured such that upon receipt of ultrasound waves at the ultrasonic transducer corresponding to a particular modulated signal, the controller modifies an electrical switch to cause activation or deactivation (see [0068]).
Regarding claim 5, Wiedenhoefer et al. (‘721) teach the method of claim 4, wherein the particular modulated signal has a particular step function of particular temperance (see [0041]-[0047]).
Regarding claim 6, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the ultrasonic transducer is configured to transmit data through at least four inches of water at a rate of at least 5 values per second with a data reliability of at least 95% (see [0041]-[0047]).
Regarding claim 7, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the implantable medical device is a spinal medical device; wherein the implantable medical device is an intramedullary implant configured to be disposed within a bone; or wherein the one or more sensors include at least one sensor selected from the group consisting of: a force sensor, a temperature sensor, a pressure sensor, a capacitance sensor, a resistance sensor (see [0050]-[0059]).
Regarding claim 8, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the one or more sensors include a force sensor operably coupled to the implantable medical device using an adapter plate (see [0050]-[0059]).
Regarding claim 9, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the ultrasonic transducer, power store, and controller are stacked and connected via interconnects (see [0062]).
Regarding claim 10, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the power store has a ground terminal shorted to the encapsulation (see [0062]).
Regarding claim 11, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein an outer surface of the ultrasonic transducer is shorted to the encapsulation through a conductive epoxy (see [0062]).
Regarding claim 12, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the controller is shorted to ground at the encapsulation (see [0062]).
Regarding claim 13, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the sensor module comprises a chassis providing insulation of a positive terminal of the power store (see [0062]).
Regarding claim 14, Wiedenhoefer et al. (‘721) teach the method of claim 1, wherein the encapsulation is shorted to the implantable medical device (see [0062]).
Regarding claim 15, Wiedenhoefer et al. (‘721) teach a method of ultrasound communication for use during a medical procedure, said method comprising: providing an external transceiver; providing a sensor module including: an encapsulation hermetically sealing the sensor module; an ultrasonic transducer configured to receive power from an ultrasonic signal sent by the external transceiver; a power storage device; one or more sensors (see [0039], [0040]-[0047], [0050]-[0059], [0062]; a controller operatively coupled to the ultrasonic transducer and the one or more sensors; and a charging circuit operably connected to the power storage device and the ultrasonic transducer such that the power storage device receives power from the ultrasonic transducer (see [0039], [0040]-[0047], [0050]-[0059], [0062]; and placing an implantable medical device within a body of the patient, the implantable medical device having an interior portion, wherein at least a portion of the sensor module is disposed within the interior portion of the implantable medical device; placing the external transceiver adjacent to the body of the patient; and transmitting at least one of wireless power or data to the implant using an ultrasound signal (see [0039], [0040]-[0047], [0050]-[0059], [0062].
Regarding claim 16, Wiedenhoefer et al. (‘721) teach the method of claim 15, wherein at least a portion of the sensor module is disposed at an exterior portion of the implantable medical device (see [0041]-[0047]).
Regarding claim 17, Wiedenhoefer et al. (‘721) teach the method of claim 15, wherein the ultrasonic transducer is a tubular piezoelectric transducer configured to transmit and receive ultrasound signals (see [0041]-[0047]).
Regarding claim 18, Wiedenhoefer et al. (‘721) teach the method of claim 15, wherein the controller is configured such that upon receipt of ultrasound waves at the ultrasonic transducer corresponding to a particular modulated signal, the controller modifies an electrical switch to cause activation or deactivation (see [0068]).
Regarding claim 19, Wiedenhoefer et al. (‘721) teach the method of claim 14, wherein the particular modulated signal has a particular step function of particular temperance (see [0041]-[0047]).
Regarding claim 20, Wiedenhoefer et al. (‘721) teach the method of claim 15, wherein the ultrasonic transducer is configured to transmit data through at least four inches of water at a rate of at least 5 values per second with a data reliability of at least 95% (see [0041]-[0047]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK D REMALY/Primary Examiner, Art Unit 3797
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