DETAILED ACTION
Claim 1 is presented for examination.
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 .
Information Disclosure Statement
The Information Disclosure Statement(s) submitted by applicant on 01/01/2026 and 05/07/2026 has/have been considered. The submission is in compliance with the provisions of 37 CFR § 1.97. Form PTO-1449 signed and attached hereto.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of US Patent No. 12,375,925.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is substantially similar in nature and anticipated by US Patent No. 12,375,925. See the table below:
Instant Application
US Patent No. 12,375,925
A method of secure communication between an implanted device and an external device comprising:
inducing an induced current in an implanted device by a nearby external device;
modulating a load on said induced current by said implanted device to transmit an encryption key;
generating noise by said nearby external device configured to obscure said modulated load;
adding by said nearby external device of said noise to said induced current simultaneous to said modulating; encrypting data by said implanted device using said encryption key to produce an encrypted signal; and
transmitting of said encrypted signal by the implanted device.
1. A method of secure communication between an implanted device and an external device comprising:
inducing an induced current in an implanted device by a nearby external device;
modulating a load on said induced current by said implanted device to transmit an encryption key;
generating noise by said nearby external device to obscure said key transmission on said modulated load;
adding by said nearby external device of said noise to said induced current simultaneous to said modulating;
encrypting data by said implanted device using said encryption key to produce an encrypted signal; and
transmitting of said encrypted signal by the implanted device, wherein said method comprises: checking by said implanted device for said noise; and cancelling said modulating when said noise is not detected or is determined to not be fitting to obscure said key transmission.
This is a nonstatutory double patenting rejection.
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 .
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 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.
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 of this title, 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US Patent Application No. 20200252436) (Hereinafter Yoon) in view of Reinke et al. (US Patent Application No. 20160213937) (Hereinafter Reinke).
As per claim 1, Yoon discloses A method of secure communication between an implanted device and an external device comprising:
inducing an induced current in an implanted device by a nearby external device (fig 2, 5, para 77, recharging is accomplished through proximal inductive interaction between an external charger and an inductive charging coil within external device);
modulating a load on said induced current by said implanted device to transmit an encryption key ( fig 2, para 5, the devices may each generate at least one encryption key (e.g., session key) based on random numbers generated by the devices) ;
generating noise by said nearby external device configured to obscure said modulated load (fig 2, 5, para 80, frequency modulating circuit);
adding by said nearby external device of said noise to said induced current simultaneous to said modulating (para 80, frequency modulation circuitry);
encrypting data by said implanted device using said encryption key to produce an encrypted signal (para 18, transmit a signal to the IMD in order to initiate an encryption key generation process which would enable at least one external device to exchange encrypted data with the IMD); and
transmitting of said encrypted signal by the implanted device (para 18, transmit a signal to the IMD in order to initiate an encryption key generation process which would enable at least one external device to exchange encrypted data with the IMD).
Yoon does not explicitly disclose noise generation.
Reinke discloses noise generation (para 92, noise generation)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yoon and Reinke. The motivation would have been facilitating secure communication security between an implantable device and an external clinician device are provided.
Conclusion
Please see the attached PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Blomqvist et al. (US 20120101397 A1) discloses A late potential detecting system has an implantable medical device connected to at least one cardiac lead having implantable electrodes positioned at different sites of a ventricle myocardium. A sampling unit of the implantable medical device records electrogram samples for the different implantable electrodes to get different sample sets. The electrogram samples of the sample sets are time synchronized and magnitude potential representations of the potential data of the electrogram samples are determined. The magnitude potential representations of the time synchronized electrogram samples are then co-processed and used for determining a parameter that is indicative of any late potentials of the monitored ventricle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD A SIDDIQI whose telephone number is (571)272-3976. The examiner can normally be reached Monday-Friday.
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/MOHAMMAD A SIDDIQI/Primary Examiner, Art Unit 2493
