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 .
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Leyde (US 20130046358) in view of Flaherty et al., (US 20050273890; hereinafter Flaherty), Llinas (US 20040133118), Osorio, (US 20120265262; hereinafter Osorio), Okandan et al., (US 9907496; hereinafter Okandan), and Ando, (US 20130123639).
Regarding claim 1, Leyde discloses (Figures 2 and 6-7) a system comprising: a computer system comprising a processor (4, 18, 42), memory (38) accessible by the processor (4, 18, 42), and program instructions and data stored in the memory ([0073]-[0074]), the program instructions configured to implement a Brain Operating System to analyze an aggregate data stream and formulate instructions for neuromodulations in a closed loop feedback system ([0087]-[0088]); circuitry (6, 8) configured to receive digital data (32) from an implant device (implanted electrode arrays shown for example in Figures 2 and 6), generate an aggregate data stream from the received signals (32), and transmit the aggregate data stream to the computer system (4, 18, 38, 42), ([0069]-[0073]) and configured to receive instructions for neuromodulations from the computer system (3, 18, 38, 42) and transmit the received instructions to the implant device (implanted electrode arrays shown for example in Figures 2 and 6), ([0087]-[0094]); and the implant device (implanted electrode arrays shown for example in Figures 2 and 6) configured to be implanted within a body of a person for interacting with brain tissue comprising: a plurality of active elements (A-H/I-P) adapted to receive electrical signals from electrophysiological neural signals of the brain tissue ([0069]-[0073]) and to transmit electrical signals to provide electrophysiological stimulation of the brain tissue ([0087]-[0094]), the active elements coupled to at least one readout integrated circuit ([0072]), and at least one readout integrated circuit comprising a plurality of cells of circuitry (the signal connection between each electrode to the A/D converter), each cell electrically coupled to at least one electrode, each cell of circuitry comprising: circuitry adapted to receive the electrical neural signals from the plurality of active elements, to process the electrical neural signals to form digital data representing the neural signals (which is performed by the A/D converter), and to transmit the digital data, and circuitry configured receive the instructions for neuromodulations, convert the instructions for neuromodulations to electrical neural signals, and to transmit electrical neural signals through the plurality of active elements so as to provide electrophysiological stimulation of the brain tissue ([0063]-[0064], [0069]-[0094]; [0046]: the sensing and stimulation may be performed by the same active elements so each cell of circuitry is adapted to receive and transmit electrical neural signals).
Leyde fails to disclose that the plurality of active elements are a plurality of optic fibers coated with single wall carbon nanotubes adapted to receive and transmit optical and electrical signals However, Flaherty teaches an apparatus for interacting with brain tissue, comprising a plurality of optically conductive fibers comprising optic fibers as active elements ([0031], [0048], [0092]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde to include a plurality of optic fibers, as taught by Flaherty, because the modification would provide other means of transmitting data and/or power, which may be used in combination with other active elements to transmit information between different components of the apparatus (Flaherty; [0048]). Furthermore, Llinas teaches an implant device adapted to be implanted within a body of a person for interacting with brain tissue comprising a plurality of fibers coated with carbon nanotubes as active elements ([0037]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a carbon nanotube coating, as taught by Llinas, because the modification would allow the interface to be removed without violating the integrity of the brain (Llinas; [0019]). Accordingly, in the modified device, the plurality of optic fibers coated with single wall carbon nanotubes would be adapted to receive optical and electrical signals from electrophysiological neural signals of the brain tissue, and to transmit optical and electrical signals to provide electrophysiological stimulation of the brain tissue, the fibers optically coupled to at least one readout integrated circuit; and the circuitry would be adapted to receive the optical and electrical signals from the plurality of fibers and to process the optical and electrical signals to form digital data representing the neural signals, and to transmit optical and electrical signals through the plurality of carbon fibers so as to provide electrophysiological stimulation of the brain tissue.
Leyde/Flaherty/Llinas fails to teach that the plurality of optic fibers are adapted to, and having a length sufficient to, connect to pyramidal layers II to VI of the brain tissue. However, Osorio teaches a system for interacting with living tissue wherein the sensors (282) of a device are adapted to, and having a length sufficient to, connect pyramidal layers within a brain cortical structure so as to receive neural signals from the contacted layers ([0072], [0082]-[0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Llinas such that the sensors of the device are adapted to, and having a length sufficient to, connect to pyramidal layers II to VI of the brain tissue, as taught by Osorio, because the modification would provide specific neural signal measurement with a desired brain cortical structure as desired for treatment (Osorio; [0072]). Furthermore, since pyramidal layers II to VI are just specific layers within the general pyramidal layers of a brain cortex region taught by Osorio, it would have been obvious to one of ordinary skill in the art to configure the device (specifically at least some sensors of the array of sensors) to receive neural signals from pyramidal layers II to VI of a brain cortex region.
Leyde/Flaherty/Llinas/Osorio fails to teach that the circuitry is adapted to separate the received incoming optical neural signals and the outgoing optical neural signals using a beam splitter. However, Okandan (Figure 1A) teaches as optical probe (100), (Col. 5, lines 40-64), comprising circuitry adapted to separate desired optical neural signals using a beam splitter (Col. 20, lines 59-62). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Llinas/Osorio to include a beam splitter adapted to separate desired optical neural signals, as taught by Okandan, because the modification would enable focusing or directing of optical neural signals as desired (Okandan; Col. 20, lines 59-62). Furthermore, since the beam splitter of the modified system is adapted to separate desired optical neural signals, the circuitry of the modified system may be adapted to separate the received incoming optical neural signals and the outgoing optical neural signals using the beam splitter.
Leyde/Flaherty/Llinas/Osorio/Okandan fails to teach the beam splitter transforming the incoming optical neural signals from baseband signals to bandpass signals. However, Ando teaches a biosignal detection system comprising circuitry including an acousto-optical modulator (112), which may include a beam splitter. This modulator (112) functions as a bandpass filter to transform incoming biosignals from baseband signals to bandpass signals ([0649]-[0650]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Llinas/Osorio/Okandan to include the beam splitter transforming the incoming optical neural signals from baseband signals to bandpass signals, as taught by Ando, because the modification would improve detection accuracy and reliability of the detected biosignal (Ando; [0250]). Furthermore, since the biosignals in the modified system would be the optical neural signals, the beam splitter of the modified system would transform the incoming optical neural signals from baseband signals to bandpass signals.
Regarding claim 2, Leyde further discloses (Figures 6-7) a multiplexer (42), coupled to a plurality of cells of circuitry (signal paths) adapted to receive and process the electrical neural signals ([0072]-[0074]), adapted to select at least one of the electrical neural signals from the plurality of fibers ([0084]); and an analog-to-digital converter (34), coupled to the multiplexer, adapted to form digital data representing the electrical neural signals ([0069]).
Regarding claim 6, Leyde further discloses (Figures 6-7) a digital-to analog converter, coupled to a multiplexer (42), adapted to form an analog electrical signal based on digital data representing a stimulation signal; and a multiplexer (42), coupled to the circuitry adapted to transmit electrical neural signals, adapted to select at least one of the plurality of fibers to receive the analog electrical signal ([0074]: the device “may optionally comprise dedicated circuitry of a digital or analog or combined digital/analog nature, ASIC, DSP and/or a fast microprocessor,” therefore, there would need to be a digital-to-analog converter coupled to a multiplexer to turn the digital data into an analog electrical signal for use; [0084]: the device is adapted to select at least one of the different signals).
Claims 13 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Leyde in view of Flaherty, Kozai et al., (US 20170326381; hereinafter Kozai), Rogers et al., (US 20180192952; hereinafter Rogers), Osorio, and Okandan.
Regarding claims 13, Leyde discloses (Figures 2 and 6-7) a system comprising: a computer system comprising a processor (4, 18, 42), memory (38) accessible by the processor (4, 18, 42), and program instructions and data stored in the memory ([0073]-[0074]), the program instructions configured to implement a Brain Operating System to analyze an aggregate data stream and formulate instructions for neuromodulations in a closed loop feedback system ([0087]-[0088]); circuitry (6, 8) configured to receive digital data (32) from an implant device (implanted electrode arrays shown for example in Figures 2 and 6), generate an aggregate data stream from the received signals (32), and transmit the aggregate data stream to the computer system (4, 18, 38, 42), ([0069]-[0073]) and configured to receive instructions for neuromodulations from the computer system (3, 18, 38, 42) and transmit the received instructions to the implant device (implanted electrode arrays shown for example in Figures 2 and 6), ([0087]-[0094]); and the implant device (implanted electrode arrays shown for example in Figures 2 and 6) configured to be implanted within a body of a person for interacting with brain tissue comprising: a plurality of active elements (A-H/I-P) adapted to receive signals from electrophysiological neural signals of the brain tissue ([0069]-[0073]) and to transmit signals to provide electrophysiological stimulation of the brain tissue ([0087]-[0094]), the active elements coupled to at least one readout integrated circuit ([0072]), and at least one readout integrated circuit comprising a plurality of cells of circuitry (the signal connection between each electrode to the A/D converter), each cell electrically coupled to at least one active element, each cell of circuitry comprising: circuitry adapted to receive the signals from the plurality of active elements, to process the signals to form digital data representing the neural signals (which is performed by the A/D converter), and to transmit the digital data, and circuitry configured receive the instructions for neuromodulations, convert the instructions for neuromodulations to electrical neural signals, and to transmit signals through the plurality of active elements so as to provide electrophysiological stimulation of the brain tissue ([0063]-[0064], [0069]-[0094]; [0046]: the sensing and stimulation may be performed by the same active element so each cell of circuitry is adapted to receive and transmit electrical neural signals).
Leyde fails to disclose that the plurality of active elements are a plurality of optically conductive fibers comprising optical fibers. However, Flaherty teaches an apparatus for interacting with brain tissue, comprising a plurality of optically conductive fibers comprising optic fibers as active elements ([0031], [0048], [0092]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde to include a plurality of optic fibers, as taught by Flaherty, because the modification would provide other means of transmitting data and/or power, which may be used in combination with other active elements to transmit information between different components of the apparatus (Flaherty; [0048]). Furthermore, in the modified device, the plurality of optically conductive optical fibers would be adapted to receive optical signals from electrophysiological neural signals of the brain tissue, and to transmit optical signals to provide electrophysiological stimulation of the brain tissue, the fibers optically coupled to at least one readout integrated circuit; and the circuitry would be adapted to receive the optical signals from the plurality of fibers and to process the optical signals to form digital data representing the neural signals, and to transmit optical signals through the plurality of carbon fibers so as to provide electrophysiological stimulation of the brain tissue.
Leyde/Flaherty fails to teach a plurality of viruses carried on at least some of the optically conductive fibers, each virus adapted to cause neural tissue to express at least one protein. However, Kozai (Figure 21) teaches an opto-electrode fiber system which carries a plurality of viruses, each virus adapted to cause neural tissue to express the protein Channelrhodopsin ([0162]-[0164]). It would have been obvious to modify Leyde/Flaherty to include a plurality of viruses carried on at least some of the optically conductive fibers, each virus adapted to cause neural tissue to express at least one protein, as taught by Kozai, because the modification would provide optogenetic function to allow the fast depolarization of neurons upon exposure to light through direct stimulation of ion channels (Kozai; [0046], [0164]).
Leyde/Flaherty/Llinas fails to teach that the plurality of optic fibers are adapted to, and having a length sufficient to, connect to pyramidal layers II to VI of the brain tissue. However, Osorio teaches a system for interacting with living tissue wherein the sensors (282) of a device are adapted to, and having a length sufficient to, connect pyramidal layers within a brain cortical structure so as to receive neural signals from the contacted layers ([0072], [0082]-[0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Llinas such that the sensors of the device are adapted to, and having a length sufficient to, connect to pyramidal layers II to VI of the brain tissue, as taught by Osorio, because the modification would provide specific neural signal measurement with a desired brain cortical structure as desired for treatment (Osorio; [0072]). Furthermore, since pyramidal layers II to VI are just specific layers within the general pyramidal layers of a brain cortex region taught by Osorio, it would have been obvious to one of ordinary skill in the art to configure the device (specifically at least some sensors of the array of sensors) to receive neural signals from pyramidal layers II to VI of a brain cortex region.
Leyde/Flaherty/Kozai fails to teach that the at least one protein is at least one of a Halorhodopsin, and an Archaerhodopsin (Arch). However, Rogers teaches an optogenetic system in which the expressed protein is an Archaerhodopsin (Arch3.0), ([0117]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the expressed protein taught by Leyde/Flaherty/Kozai with an Archaerhodopsin, as taught by Rogers, since both elements perform the same function of modulating neuronal activity and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Leyde/Flaherty/Kozai/Rogers fails to teach that the plurality of optic fibers are adapted to, and having a length sufficient to, connect to pyramidal layers II to VI of the brain tissue. However, Osorio teaches a system for interacting with living tissue wherein the sensors (282) of a device are adapted to, and having a length sufficient to, connect pyramidal layers within a brain cortical structure so as to receive neural signals from the contacted layers ([0072], [0082]-[0085]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Kozai/Rogers such that the sensors of the device are adapted to, and having a length sufficient to, connect to pyramidal layers II to VI of the brain tissue, as taught by Osorio, because the modification would provide specific neural signal measurement with a desired brain cortical structure as desired for treatment (Osorio; [0072]). Furthermore, since pyramidal layers II to VI are just specific layers within the general pyramidal layers of a brain cortex region taught by Osorio, it would have been obvious to one of ordinary skill in the art to configure the device (specifically at least some sensors of the array of sensors) to receive neural signals from pyramidal layers II to VI of a brain cortex region.
Leyde/Flaherty/Kozai/Rogers/Osorio fails to teach that the circuitry is adapted to separate the received incoming optical neural signals and the outgoing optical neural signals using a beam splitter. However, Okandan (Figure 1A) teaches an optical probe (100), (Col. 5, lines 40-64), comprising circuitry adapted to separate desired optical neural signals using a beam splitter (Col. 20, lines 59-62). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Kozai/Rogers/Osorio to include a beam splitter adapted to separate desired optical neural signals, as taught by Okandan, because the modification would enable focusing or directing of optical neural signals as desired (Okandan; Col. 20, lines 59-62). Furthermore, since the beam splitter of the modified system is adapted to separate desired optical neural signals, the circuitry of the modified system may be adapted to separate the received incoming optical neural signals and the outgoing optical neural signals using the beam splitter.
Leyde/Flaherty/Kozai/Rogers/Osorio/Okandan fails to teach the beam splitter transforming the incoming optical neural signals from baseband signals to bandpass signals. However, Ando teaches a biosignal detection system comprising circuitry including an acousto-optical modulator (112), which may include a beam splitter. This modulator (112) functions as a bandpass filter to transform incoming biosignals from baseband signals to bandpass signals ([0649]-[0650]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Kozai/Rogers/Osorio/Okandan to include the beam splitter transforming the incoming optical neural signals from baseband signals to bandpass signals, as taught by Ando, because the modification would improve detection accuracy and reliability of the detected biosignal (Ando; [0250]). Furthermore, since the biosignals in the modified system would be the optical neural signals, the beam splitter of the modified system would transform the incoming optical neural signals from baseband signals to bandpass signals.
Regarding claim 15, Leyde further discloses (Figures 6-7) a multiplexer (42), coupled to the circuitry (signal paths) adapted to receive and process the signals ([0072]-[0074]), adapted to select at least one of the signals from the plurality of active elements ([0084]); and an analog-to-digital converter (34), coupled to the circuitry, adapted to form digital data representing the signals ([0069]). Since the modified device of claim 15 includes optically conductive optical fibers as the active elements, the modified device would include an optical multiplexer, coupled to the circuitry adapted to receive and process the optical signals, adapted to select at least one of the optical signals from the plurality of fibers; circuitry, coupled to the multiplexer, adapted to convert the optical signals to analog electrical signals; and an analog-to-digital converter, coupled to the circuitry adapted to convert the optical signals to analog electrical signals, adapted to form digital data representing the analog electrical signals.
Regarding claim 16, Leyde further discloses (Figures 6-7) circuitry, coupled to a multiplexer (42), adapted to form an analog electrical signal based on digital data representing a stimulation signal; and a multiplexer (42), coupled to the circuitry adapted to transmit the signals, adapted to select at least one of the plurality of active elements to receive the signal ([0074]: the device “may optionally comprise dedicated circuitry of a digital or analog or combined digital/analog nature, ASIC, DSP and/or a fast microprocessor,” therefore, there would need to be a digital-to-analog converter coupled to a multiplexer to turn the digital data into an analog electrical signal for use; [0084]: the device is adapted to select at least one of the different signals). Since the modified device of claims 15-16 includes optically conductive optical fibers as the active elements, the modified device would include circuitry, coupled to a multiplexer, adapted to form an analog electrical signal based on digital data representing a stimulation signal; and a multiplexer, coupled to the circuitry adapted to transmit the optical signals, adapted to select at least one of the plurality of carbon fibers to receive the optical signal.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Leyde/Flaherty/Llinas/Osorio/Okandan/Ando, as applied to claim 2, and further in view of Sridhar et al., (US 20160120432; hereinafter Sridhar).
Regarding claim 3, the Leyde/Flaherty/Llinas/Osorio/Okandan/Ando combination teaches the device of claim 2, but fails to teach that the analog-to-digital converter has a resolution of up to 24 bits per sample. However, Sridhar teaches a neural implant system using an analog-to-digital converter having a resolution of up to 24 bits per sample ([0059]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the analog-to-digital converter disclosed by Leyde with the analog-to-digital converter taught by Sridhar because both analog-to-digital converters perform the same function of forming digital data representing electrical signals, and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Leyde/Flaherty/Llinas/Osorio/Okandan/Ando, as applied to claim 2, and further in view of Jackson et al., (US 20170164852; hereinafter Jackson).
Regarding claim 4, the Leyde/Flaherty/Llinas/Osorio/Okandan/Ando combination teaches the device of claim 2, but fails to teach that the analog-to-digital converter has a resolution of from 8 bits per sample to 12 bits per sample. However, Jackson teaches a system for a brain-computer interface using an analog-to-digital converter which has a resolution of from 8 bits per sample to 12 bits per sample ([0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the analog-to-digital converter disclosed by Leyde with the analog-to-digital converter taught by Jackson because both analog-to-digital converters perform the same function of forming digital data representing electrical signals, and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Regarding claim 5, the Leyde/Flaherty/Llinas/Osorio/Okandan/Ando combination teaches the device of claim 2, but fails to teach that the analog-to-digital converter has a variable resolution of from 8 bits per sample to 12 bits per sample. However, Jackson teaches a system for a brain-computer interface using an analog-to-digital converter which has a variable resolution of from 8 bits per sample to 12 bits per sample ([0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the analog-to-digital converter disclosed by Leyde with the analog-to-digital converter taught by Jackson because both analog-to-digital converters perform the same function of forming digital data representing electrical signals, and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Claims 7-8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Leyde/Flaherty/Llinas/Osorio/Okandan/Ando, as applied to claim 1, and further in view of Frewin et al., (US 20130338744; hereinafter Frewin).
Regarding claim 7, Leyde/Flaherty/Llinas/Osorio/Okandan/Ando fails to teach that the fibers comprise graphene. However, Frewin teaches an apparatus in which the active elements comprise graphene ([0018]-[0019]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Llinas/Osorio/Okandan/Ando to include fibers comprising graphene, as taught by Frewin, because the modification would provide excellent biocompatibility for the device (Frewin; [0008]).
Regarding claim 8, Leyde further discloses (Figures 6-7) a multiplexer (42), coupled to a plurality of cells of circuitry (signal paths) adapted to receive and process the electrical neural signals ([0072]-[0074]), adapted to select at least one of the electrical neural signals from the plurality of fibers ([0084]); and an analog-to-digital converter (34), coupled to the multiplexer, adapted to form digital data representing the electrical neural signals ([0069]).
Regarding claim 12, Leyde further discloses (Figures 6-7) a digital-to analog converter, coupled to a multiplexer (42), adapted to form an analog electrical signal based on digital data representing a stimulation signal; and a multiplexer (42), coupled to the circuitry adapted to transmit electrical neural signals, adapted to select at least one of the plurality of fibers to receive the analog electrical signal ([0074]: the device “may optionally comprise dedicated circuitry of a digital or analog or combined digital/analog nature, ASIC, DSP and/or a fast microprocessor,” therefore, there would need to be a digital-to-analog converter coupled to a multiplexer to turn the digital data into an analog electrical signal for use; [0084]: the device is adapted to select at least one of the different signals) to select at least one of the plurality of fibers to receive the analog electrical signal.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Leyde/Flaherty/Llinas/Osorio/Okandan//Ando/Frewin, as applied to claim 8, and further in view of Sridhar.
Regarding claim 9, the Leyde/Flaherty/Llinas/Osorio/Okandan/Ando/Frewin combination teaches the device of claim 8, but fails to teach that the analog-to-digital converter has a resolution of up to 24 bits per sample. However, Sridhar teaches a neural implant system using an analog-to-digital converter having a resolution of up to 24 bits per sample ([0059]-[0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the analog-to-digital converter disclosed by Leyde with the analog-to-digital converter taught by Sridhar because both analog-to-digital converters perform the same function of forming digital data representing electrical signals, and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Leyde/Flaherty/Llinas/Osorio/Okandan/Ando/Frewin, as applied to claim 8, and further in view of Jackson.
Regarding claim 10, the Leyde/Flaherty/Llinas/Osorio/Okandan/Ando/Frewin combination teaches the device of claim 8, but fails to teach that the analog-to-digital converter has a resolution of from 8 bits per sample to 12 bits per sample. However, Jackson teaches a system for a brain-computer interface using an analog-to-digital converter which has a resolution of from 8 bits per sample to 12 bits per sample ([0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the analog-to-digital converter disclosed by Leyde with the analog-to-digital converter taught by Jackson because both analog-to-digital converters perform the same function of forming digital data representing electrical signals, and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Regarding claim 11, the Leyde/Flaherty/Llinas/Osorio/Okandan/Ando/Frewin combination teaches the device of claim 8, but fails to teach that the analog-to-digital converter has a variable resolution of from 8 bits per sample to 12 bits per sample. However, Jackson teaches a system for a brain-computer interface using an analog-to-digital converter which has a variable resolution of from 8 bits per sample to 12 bits per sample ([0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the analog-to-digital converter disclosed by Leyde with the analog-to-digital converter taught by Jackson because both analog-to-digital converters perform the same function of forming digital data representing electrical signals, and it has been held that substituting parts of an invention which perform the same function involves only routine skill in the art. MPEP 2144.06 (II)(B).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Leyde/Flaherty/Kozai/Rogers/Osorio/Okandan/Ando, as applied to claim 13, and further in view of Frewin.
Regarding claim 14, Leyde/Flaherty/Kozai/Rogers/Osorio/Okandan/Ando fails to teach that the plurality of optically conductive fibers comprise graphene. However, Frewin teaches an apparatus in which the active elements comprise graphene ([0018]-[0019]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Leyde/Flaherty/Kozai/Rogers/Osorio/Okandan/Ando to include fibers comprising graphene, as taught by Frewin, because the modification would provide excellent biocompatibility for the device (Frewin; [0008]).
Response to Arguments
Applicant’s arguments, filed 03/17/2026, regarding the newly amended claim limitations, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art reference Ando, which teaches a biosignal detection system comprising circuitry including an acousto-optical modulator, which may include a beam splitter. This modulator functions as a bandpass filter to transform incoming biosignals from baseband signals to bandpass signals. Accordingly, in combination with Leyde/Flaherty/Llinas/Osorio/Okandan, the modified system teaches the invention as claimed at least in amended independent claim 1 and in combination with Leyde/Flaherty/Kozai/Rogers/Osario/Okandan, the modified system teaches the invention as claimed at least in amended independent claim 13.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794