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 .
Election/Restrictions
Applicant’s election without traverse of claims 1, 3, 5-7, 9-14, 16, 18-20 and 22-26 in the reply filed on 06/23/2024 is acknowledged.
Claims 2, 4, 8, 15, 17 and 21 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/23/2024.
Claim Objections
Claim 5 is objected to because of the following informalities:
The term “determine the at least on frequency” in the penultimate line should read determine the at least one frequency . Appropriate correction is required.
Claim Rejections 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process machine manufacture or composition of matter or any new and useful improvement thereof may obtain a patent therefor subject to the conditions and requirements of this title.
Claims 1,3, 5, 7, 9, 14, 16, 18, 20, 22 and 26 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract ideas without significantly more.
Step 1
The claim(s) recite(s) a method for detecting an atrial tachyarrhythmia.
Step 2A Prong 1
Claims 1, 14 and 26 recite the limitation(s) of “determine from the acceleration signal at least one frequency metric that is correlated to a frequency of oscillations of the acceleration signal; determine that the at least one frequency metric meets atrial tachyarrhythmia criteria; and detect an atrial tachyarrhythmia in response to at least the frequency metric meeting the atrial tachyarrhythmia criteria” are processes that as drafted cover performance of the limitations in the mind under broadest reasonable interpretation standard. For example determining a frequency metric that is correlated to a frequency of oscillations of the acceleration signal is nothing more than a user reading the display of acceleration signal oscillations and determining the acceleration signal oscillations match a criteria that qualifies the data as atrial tachyarrhythmia. If a claim limitation under its broadest reasonable interpretation covers performance of the limitation in the mind but for the recitation of generic computer components (i.e. a control circuit) then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly the claim recites an abstract idea.
Step 2A Prong 2
The judicial exception is not integrated into a practical application. In particular the claim recites the additional elements of “sensing and receiving an acceleration signal.” Sensors are recited at a high level of generality (i.e. sensors able to detect the acceleration of motion) such that it amounts no more than mere pre-solution activity of data gathering. Accordingly this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B
Claim 1 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application the additional element of using sensors to collect acceleration signal data amounts to no more than mere pre-solution activity of data gathering which does not amount to an inventive concept. Therefore the claim is not patent eligible.
Claims 3 and 16 recite, the limitations of “the control circuit is configured to: determine the at least one frequency metric by: setting a time interval; determining a count of acceleration signal oscillations during the time interval” and “determine that the frequency metric meets atrial tachyarrhythmia criteria by determining that the count of acceleration signal oscillations is greater than a threshold value” further limits the details of how the frequency metric is determined and the criteria for atrial tachyarrhythmia and amount to generic computer (i.e. control circuit) implementation of the abstract idea.
Claims 5 and 18 recite the limitations of “generate atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal,” “determine that fast atrial rate criteria are met based on the atrial sensed event signals” and “determine the at least on frequency metric from the acceleration signal in response to the fast atrial rate criteria being met” which further defines the abstract idea.
Claims 5 and 18 further include the additional elements of ”a cardiac electrical signal sensing circuit configured to: sense a cardiac electrical signal” and “receive the atrial sensed event signals” which further limits the type of data that is sensed and received and amounts to no more than the pre-solution activity of data gathering and the cardiac electrical signal sensing circuit amounts to generic computer structure for implementation of the abstract idea.
Claims 7 and 20 recite the limitation of “generate atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal,” “disable the accelerometer in response to detecting the atrial tachyarrhythmia,” “determine that termination criteria are met based on the atrial sensed event signals” and “detect termination of the atrial tachyarrhythmia episode in response to the termination criteria being met” which further defines the abstract idea.
Claims 7 and 20 further include the additional elements of ”a cardiac electrical signal sensing circuit configured to: sense a cardiac electrical signal” and “receive the atrial sensed event signals” further limits the type of data that is sensed and amounts to no more than the pre-solution activity of data gathering.
Claim 9 recites the limitation of “the control circuit is configured to: determine the at least one frequency metric from the acceleration signal for each one of a plurality of time intervals; classify each one of the plurality of time intervals as one of an atrial tachyarrhythmia time interval or a non-atrial tachyarrhythmia time interval based on the frequency metrics; and determine that the at least one frequency metric meets the atrial tachyarrhythmia criteria in response to determining that a threshold number of the plurality of time intervals are classified as atrial tachyarrhythmia time intervals” further limits the details of how the frequency metric is determined and amount to nothing more than the abstract idea itself.
Claims 14 and 22, recites the limitation of “determining at least one frequency metric from the acceleration signal that is correlated to a frequency of oscillations of the acceleration signal; determining that the at least one frequency metric meets atrial tachyarrhythmia criteria” and “detecting an atrial tachyarrhythmia in response to at least the frequency metric meeting the atrial tachyarrhythmia criteria” which further limits the details of how the frequency metric is determined and the criteria for atrial tachyarrhythmia and amount to nothing more than the abstract idea itself.
Claims 14 and 22 further includes the additional elements of ”sensing an acceleration signal” which further limits the type of data that is sensed and amounts to no more than the pre-solution activity of data gathering.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hurnanen, Tero et al. “Automated Detection of Atrial Fibrillation Based on Time Frequency Analysis of Seismocardiograms.” IEEE journal of biomedical and health informatics vol. 21 5 (2017): 1233 1241. doi:10.1109/JBHI.2016.2621887 hereinafter “Hurnanen,” cited by applicant).
Regarding claim 1 and 14 Hurnanen discloses a medical device and method comprising:
an accelerometer configured to sense an acceleration signal (§. II B. Data Collection: data collection system used in this study consisted of a seismocardiograph… SCG was obtained using a three axis low power micro electromechanical accelerometer) configured to:
receive the acceleration signal;
determine from the acceleration signal at least one frequency metric that is correlated to a frequency of oscillations of the acceleration signal (pg. 1236 Fig. 4 and §. III B. Spectral Entropy: A specific way to measure the randomness of a signal segment is to compute its spectral entropy using FFT analysis and power spectral density (PSD));
determine that the at least one frequency metric meets atrial tachyarrhythmia criteria; and detect an atrial tachyarrhythmia in response to at least the frequency metric meeting the atrial tachyarrhythmia criteria (pg. 1236 §. III B. Spectral Entropy: …analyzing the randomness of the preprocessed SCG signal it is possible to determine if it corresponds to sinus rhythm or AFib).
Regarding claim 3 and 16 H discloses the medical device of claim 1 and the method of claim 14, wherein the control circuit is configured to: determine the at least one frequency metric by: setting a time interval (pg. 1236 §. III A. Preprocessing of the SCG Signal: The remaining artifactless signal is divided into nonoverlapping segments of 10000 samples—which equals 12.5 s.); and
determining a count of acceleration signal oscillations during the time interval (III A. Preprocessing of the SCG Signal: The remaining artifactless signal is divided into nonoverlapping segments of 10000 samples—which equals 12.5 s.); and
determine that the frequency metric meets atrial tachyarrhythmia criteria by determining that the count of acceleration signal oscillations is greater than a threshold value (Fig. 6: Detection of AFib using a single variable. Bars …on the right side the boundary are classified as segments which contain AFib. Top panel: classification using the spectral entropy. The classification boundary obtained from a linear least squares classifier equals SE=4.6; Spectral entropies greater than the threshold value of 4.6 qualify as atrial fibrillation criteria).
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.
Claim(s) 5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurnanen in view of Yoon et al. (US 2022/0072316 A1, hereinafter, “Yoon,” cited by applicant).
Regarding claim 5 and 18 while Hurnanen discloses the medical device of claim 1 and the method of claim 14 further comprising:
a cardiac electrical signal sensing circuit (pg. 1235 § II B Data Collection: system used…consisted of seismocardiograph electrocardiograph) configured to:
sense a cardiac electrical signal (Fig. 2: ECG signal in middle panels).
Hurnanen fails to disclose that a cardiac electrical signal sensing circuit configured to:
generate atrial sensed event signals in response to P wave sensing threshold crossings by the cardiac electrical signal;
wherein the control circuit is further configured to:
receive the atrial sensed event signals;
determine that fast atrial rate criteria are met based on the atrial sensed event signals; and
determine the at least on frequency metric from the acceleration signal in response to the fast atrial rate criteria being met.
However Yoon in the same field of endeavor: sensors for controlling pacing rate discloses
a cardiac electrical signal sensing circuit (Fig. 3 (212)) configured to:
sense a cardiac electrical signal (Fig 5 (304) par. [0337]: …digital cardiac electrical signals from sensing circuit 304); and
generate atrial sensed event signals in response to P wave sensing threshold crossings by the cardiac electrical signal;
the control circuit (Fig. 5 (306)) is further configured to:
receive the atrial sensed event signals (par. [0339]: The atrial sensed event signal is passed to control circuit 306 for use in controlling atrial pacing pulses);
determine that fast atrial rate criteria are met based on the atrial sensed event signals (par. [0339]: …and may be used in determining the atrial rate and detecting atrial tachyarrhythmias [0340]: sensing circuit 304 is likely to be sensing P waves and passing P wave sensed event signals to control circuit 306 at the fast intrinsic atrial rate during the atrial tachyarrhythmia); and
determine the at least on frequency metric from the acceleration signal in response to the fast atrial rate criteria being met (pars. [0339]: The atrial pacing escape interval may be adjusted according to a rate response pacing rate set by control circuit 306 based on the accelerometer signal… received from activity sensing circuit 312 according to techniques disclosed herein [0340]: the acceleration signal received from accelerometer 352 may be used by control circuit 306 in detecting atrial tachyarrhythmia) adjusting the atrial pacing escape interval according to the rate (par. [0339]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include in the cardiac sensing circuit of Hurnanen, determining atrial rate and atrial sensed events as taught by Yoon in order to adjust the atrial pacing escape interval according to the rate.
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurnanen in view of Yoon et al. (US 2022/0072316 A1, hereinafter, “Yoon”) and Cao et al. (US 2018/0028086 A1, hereinafter “Cao”).
Regarding claims 6 and 19, while Hurnanen discloses the medical device of claim 1 and the method of claim 14 further comprising:
a cardiac electrical signal sensing circuit (pg. 1235 § II B Data Collection: system used…consisted of seismocardiograph electrocardiograph) configured to:
sense a cardiac electrical signal (Fig. 2: ECG signal in middle panels).
Hurnanen does not disclose a cardiac electrical signal sensing circuit configured to: generate atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal;
wherein the control circuit is further configured to:
receive the atrial sensed event signals generated by the cardiac electrical signal sensing circuit;
determine a frequency metric threshold based on a frequency of the atrial sensed event signals; and
determine that the atrial tachyarrhythmia criteria are met in response to the frequency metric being greater than the frequency metric threshold.
Yoon discloses generating atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal (par. [0339]: …sensing circuit 304 may be configured to produce an atrial sensed event signal in response to a sensed atrial electrical signal crossing a P-wave sensing threshold) and
the control circuit (Fig. 5 (306)) is further configured to:
receive the atrial sensed event signals (par. [0339]: The atrial sensed event signal is passed to control circuit 306) for the purpose of controlling atrial pacing pulses (par. [0339]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include in the cardiac sensing circuit of Hurnanen, producing an atrial sensed event according to a P-wave crossing threshold as taught by Yoon in order to control atrial pacing pulses.
The Hurnanen and Yoon combination fail to disclose the control circuit is further configured to: determine a frequency metric threshold based on a frequency of the atrial sensed event signals; and
determine that the atrial tachyarrhythmia criteria are met in response to the frequency metric being greater than the frequency metric threshold.
However, Cao in the same field of endeavor: automatic thresholds for atrial tachyarrhythmia detection in an implantable medical device discloses determining a frequency metric threshold based on a frequency of sensed event signals (par. [0101]: Once the predetermined number of events are identified, “Yes” branch of block 302…and a determination may be made as to whether the number of the events in the event window …is less than or equal to a predetermined pacing event threshold at block 306); and
determining that the atrial tachyarrhythmia criteria are met in response to the frequency metric being greater than the frequency metric threshold (claim 1: receiving a …signal via electrodes coupled to sensing circuitry of the medical device, detecting an atrial tachyarrhythmia episode by a processor of the medical device in response to a time duration of the cardiac electrical signal classified as an atrial tachyarrhythmia being greater than or equal to a first detection threshold) for the purpose of providing an atrial tachyarrhythmia detection response to deliver an anti-tachycardia pacing therapy and cardioversion/defibrillation shock (par. [0033]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include in the produced atrial sensed events according to a P-wave crossing threshold of Hurnanen and Yoon producing a frequency metric threshold to detect atrial tachyarrhythmia as taught by Cao in order to provide an atrial tachyarrhythmia detection response to deliver an anti-tachycardia pacing therapy and cardioversion/defibrillation shock.
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurnanen in view of Yoon and Warman et al. (US 2012/0290030 A1, hereinafter "Warman").
Regarding claims 7 and 20 while Hurnanen discloses the medical device of claim 1 and the method of claim 14 further comprising:
a cardiac electrical signal sensing circuit (pg. 1235 § II B Data Collection: system used…consisted of seismocardiograph electrocardiograph) configured to:
sense a cardiac electrical signal (Fig. 2: ECG signal in middle panels).
Hurnanen does not disclose a cardiac electrical signal sensing circuit configured to: generate atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal;
wherein the control circuit is further configured to:
receive the atrial sensed event signals;
disable the accelerometer in response to detecting the atrial tachyarrhythmia;
determine that termination criteria are met based on the atrial sensed event signals; and
detect termination of the atrial tachyarrhythmia episode in response to the termination criteria being met.
Yoon discloses generating atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal (par. [0339]: …sensing circuit 304 may be configured to produce an atrial sensed event signal in response to a sensed atrial electrical signal crossing a P-wave sensing threshold);
the control circuit (Fig. 5 (306)) is further configured to:
receive the atrial sensed event signals (par. [0339]: The atrial sensed event signal is passed to control circuit 306) for the purpose of controlling atrial pacing pulses (par. [0339]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include in the cardiac sensing circuit of Hurnanen, producing an atrial sensed event according to a P-wave crossing threshold as taught by Yoon in order to control atrial pacing pulses.
While the Hurnanen and Yoon combination discloses an accelerometer to detect atrial tachyarrhythmia (Hurnanen, pg. 1235 § II B Data Collection); and generating atrial sensed event signals in response to P-wave sensing threshold crossings by the cardiac electrical signal (Yoon, par. [0339]), it does not disclose disabling in response to detecting atrial tachyarrhythmia;
determining that termination criteria are met based on the atrial sensed event signals; and
detecting termination of the atrial tachyarrhythmia episode in response to the termination criteria being met.
However, Warman in the same field of endeavor: stimulation during atrial tachyarrhythmia to prevent inappropriate therapy delivery, discloses determining that termination criteria are met based on sensed event signals; and
detecting termination of the atrial tachyarrhythmia episode in response to the termination criteria being met (par. [0114]: detecting an atrial tachyarrhythmia (234)…determining if one or more termination criteria have been satisfied (240), and terminating the delivery of…stimulation based on the stimulation termination criteria) for the purpose of terminating the delivery of anti-tachyarrhythmia stimulation once atrial tachyarrhythmia is no longer detected (par. [0114]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include in the produced atrial sensed events used for detecting atrial tachyarrhythmia of Hurnanen and Yoon detecting termination criteria as taught by Warman in order to terminate the delivery of anti-tachyarrhythmia stimulation once atrial tachyarrhythmia is no longer detected.
Claim(s) 9 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurnanen in view of Cao.
Regarding claims 9 and 22 while Hurnanen discloses the medical device of claim 1 and the method of claim 14, wherein the control circuit is further configured to: determine the at least one frequency metric from the acceleration signal for each one of a plurality of time intervals (III, A. Preprocessing of the SCG Signal: artifactless signal is divided into nonoverlapping segments of 10000 samples—which equals 12.5 s), it does not disclose
classify each one of the plurality of time intervals as one of an atrial tachyarrhythmia time interval or a non-atrial tachyarrhythmia time interval based on the frequency metrics; and
determine that the at least one frequency metric meets the atrial tachyarrhythmia criteria in response to determining that a threshold number of the plurality of time intervals are classified as atrial tachyarrhythmia time intervals.
Cao discloses classify each one of the plurality of time intervals as one of an atrial tachyarrhythmia time interval or a non-atrial tachyarrhythmia time interval based on the frequency metrics (par. [0027]: a time period of the cardiac signal may be classified as AF, non-AF, or unclassified based on an analysis of the RRIs); and
determine that the at least one frequency metric meets the atrial tachyarrhythmia criteria in response to determining that a threshold number of the plurality of time intervals are classified as atrial tachyarrhythmia time intervals (par. [0027], [0084]: when the resulting signature of RRI differences acquired over a predetermined time period indicates AF is occurring, the cardiac signal time period is classified as AF. AF is detected when a required number of time periods are classified as AF) to provide the benefit of detecting and knowing when to treat atrial arrhythmias (par. [0084]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include in the device and method to detect atrial tachyarrhythmia of Hurnanen determining a required threshold number of time periods classified as AF as taught by Cao in order to detect and know when to treat atrial arrhythmias.
Claim(s) 11-12 and 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurnanen in view of Sarkar et al. (US 2020/0146580 A1, hereinafter "Sarkar," cited by applicant).
Regarding claims 11 and 24 Hurnanen discloses all of the medical device of claim 1 and method of claim 14 except further comprising a pulse generator configured to generate pacing pulses according to a pacing therapy in response to the control circuit detecting that atrial tachyarrhythmia.
However Sarkar in the same field of endeavor: method and apparatus for atrial tachyarrhythmia detection discloses
a pulse generator (Fig. 3 (202) and par. [0042]) configured to generate pacing pulses according to a pacing therapy (pars. [0058] [0060] [0061]: Pulse generator 202 generates electrical pacing pulses that are delivered to the … patient's heart) in response to the control circuit detecting that atrial tachyarrhythmia (par. [0038] accelerometer may be selected for use in detecting atrial systolic events for use in detecting and discriminating tachyarrhythmia and controlling atrial synchronized ventricular pacing delivered by pacemaker 14) for the purpose of delivering anti-tachycardia pacing (par. [0061]).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in the accelerometer device and method to detect atrial tachyarrhythmia of Hurnanen pacing pulses delivered in response to atrial tachyarrhythmia detection as taught by Sakar in order to deliver anti tachycardia pacing.
Regarding claims 12 and 25 Hurnanen discloses all of the medical device of claim 1 and method of claim 14 further comprising a telemetry circuity configured to transmit an atrial tachyarrhythmia detection notification in response to the control circuit detecting the atrial.
Sarkar discloses a telemetry circuity (Fig. 3 (208)) configured to transmit an atrial tachyarrhythmia detection notification in response to the control circuit detecting the atrial tachyarrhythmia (par. [0064]: The alert may be transmitted…via telemetry circuit 208 to notify the patient and/or a clinician of the detected atrial tachyarrhythmia) for the purpose of notifying the patient and/or a clinician of the detected atrial tachyarrhythmia (par. [0064]).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in the accelerometer device and method to detect atrial tachyarrhythmia of Hurnanen a telemetry alert as taught by Sakar in order to notify the patient and/or a clinician of the detected atrial tachyarrhythmia.
Regarding claim 13 Hurnanen the medical device of claim 1 except further comprising:
a pulse generator;
a housing enclosing the accelerometer the control circuit and the pulse generator the housing comprising a pair of housing based electrodes coupled to the pulse generator.
a pulse generator (Fig. 3 (202) and par. [0042]);
Sarkar discloses a housing (Fig. 2 (150) and par. [0035]: …internal circuitry enclosed by housing 150 e.g. a pacing pulse generator) enclosing the accelerometer (Fig. 3 (212) and par. [0028]: …a motion sensor such as an accelerometer enclosed by the housing of pacemaker 14 [0045]: an accelerometer for use in implantable medical devices may be included in motion sensor 212) the control circuit (Fig. 3 (205)) and the pulse generator (Fig. 3 (202) the housing comprising a pair of housing-based electrodes (Fig. 3 electrodes (162) (164)) coupled to the pulse generator (Fig. 3 and par. [0033]: Pacemaker 14 includes electrodes 162 and 164 spaced apart along the housing 150 of pacemaker 14; according to Fig. 3 electrodes 162 and 164 are coupled to pulse generator 202 that is within pacemaker housing 14) for the purpose of producing an electrical signal that is correlated to motion imparted on pacemaker due to ventricular and atrial events (par. [0045]).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include in the accelerometer device and method to detect atrial tachyarrhythmia of Hurnanen, electrodes spaced apart along the housing as taught by Sakar in order to produce an electrical signal that is correlated to motion imparted on pacemaker due to ventricular and atrial events.
Regarding claim 26, Hurnanen discloses a medical device and method comprising:
an accelerometer configured to sense an acceleration signal (§. II B. Data Collection: data collection system used in this study consisted of a seismocardiograph… SCG was obtained using a three axis low power micro electromechanical accelerometer) configured to:
receive the acceleration signal;
determine from the acceleration signal at least one frequency metric that is correlated to a frequency of oscillations of the acceleration signal (pg. 1236 Fig. 4 and §. III B. Spectral Entropy: A specific way to measure the randomness of a signal segment is to compute its spectral entropy using FFT analysis and power spectral density (PSD));
determine that the at least one frequency metric meets atrial tachyarrhythmia criteria; and detect an atrial tachyarrhythmia in response to at least the frequency metric meeting the atrial tachyarrhythmia criteria (pg. 1236 §. III B. Spectral Entropy: …analyzing the randomness of the preprocessed SCG signal it is possible to determine if it corresponds to sinus rhythm or AFib).
Hurnanen does not expressly disclose a non-transitory, computer-readable storage medium storing a set of instructions which, when executed by a control circuit of a medical device.
Sarkar discloses a non-transitory, computer-readable storage medium storing a set of instructions which, when executed by a control circuit of a medical device (Fig. 3 (210) and par. [0062]: Memory 210 may include computer-readable instructions that, when executed by control circuit 206, cause control circuit 206 to perform various functions) for the purpose of controlling the delivery of pacing pulses (par. [0062]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to include a non-transitory, computer-readable storage medium of Sarkar to excute the functions discloses by Hurnanen in order to control the delivery of pacing pulses.
Allowable Subject Matter
Claims 10 and 23 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADREANNE A ARNOLD whose telephone number is (571)272-6794. The examiner can normally be reached M-Th 7:30 a.m. - 5:30 p.m..
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID HAMAOUI can be reached on (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AAA/Examiner, Art Unit 3796
/DAVID HAMAOUI/SPE, Art Unit 3796
Prosecution Insights