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 .
Response to Amendment
This Office Action is responsive to the amendment filed on 23 Apr 2026. As directed by the amendment: claims 1, 12, 22, and 29-30 have been amended, claims 2-7 have been canceled, and no claims have been added. Thus, claims 1 and 8-31 are presently pending in this application.
Response to Arguments
Claim Rejections - 35 U.S.C § 112
Applicant’s arguments, see Remarks, filed 23 Apr 2026, with respect to the rejections under 35 U.S.C. 112 have been fully considered and are persuasive in light of the claim amendments. The rejections under 35 U.S.C. 112 have been withdrawn.
Claim Rejections - 35 U.S. C § 103
Applicant’s arguments, see Remarks, filed 23 Apr 2026, with respect to the rejection(s) of claim(s) 1 and 29-30 under 35 U.S.C. 103 have been fully considered and are persuasive in light of the claim amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Cauller et al. (US 20090198293 A1), hereinafter Cauller.
Claim Objections
Claims 23 and 26 are objected to because of the following informalities:
Claim 23: “the frequency” should read “a frequency”
Claim 26: “the RF frequency” should read “the RF signal”
Appropriate correction is required.
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.
Claims 1, 8, 11-14, 18-22, 25, and 27-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cauller et al. (US 20090198293 A1), hereinafter Cauller.
Regarding claim 1, Cauller discloses a wirelessly powered stimulator (Fig. 1, paragraph [0061], "a complete microtransponder for sensing and/or stimulating neural activity"), comprising:
an implantable pulse generator (IPG) (paragraph [0053], "minimally invasive wireless micro-implants termed 'microtransponders,' which may be small enough to allow numerous independent microtransponders to be implanted under a square inch of skin"), comprising:
an Rx antenna configured to receive a radio frequency (RF) signal (Fig. 1, paragraph [0062], micro-coil 22; paragraph [0064], "micro-coils 22 convert the fluctuations of the magnetic flux of the external RF field into alternating electrical currents");
a rectifier (Fig. 1, paragraph [0062], rectifier 14);
an energy storage capacitor CSTOR (Fig. 1, paragraph [0062], capacitor 18), wherein the RF signal coupled to the Rx antenna is rectified by the rectifier to generate VDD and charges the CSTOR (paragraph [0064], "the micro-coils 22 convert the fluctuations of the magnetic flux of the external RF field into alternating electrical currents, flowing within the micro-coil 22 and the circuit 10. The alternating current is routed, for example, into the rectifier 14, which converts the alternating current into direct current. The direct current may then be used to charge the capacitor 18");
a demodulator (Fig. 1, paragraph [0062], RF identity and trigger demodulator 13);
an output voltage regulator that monitors VDD relative to a lower tier voltage reference and a higher tier voltage reference, and enables the demodulator when VDD is above the lower tier voltage reference (paragraph [0067], "RF identity and trigger demodulator 13 derives power from an RF carrier signal"), and enables a discharge path to discharge excess incident charge on the energy storage capacitor CSTOR when VDD exceeds the higher tier voltage reference (paragraph [0075], "The breakdown voltage of a single zener diode 405 is configured to set the desired stimulus voltage by dumping current and triggering the switch 416 closure, discharging the capacitor 411 into the electrodes 412 (gold or Platinum-iridium alloy) when it reaches the stimulation voltage"); and
wherein the demodulator is configured to detect notches based on amplitude modulation in the RF signal (paragraph [0084], "As shown in FIG. 7, the external synchronization-trigger circuit configuration (shown in FIG. 6) can employ a differential filtering method to separate the trigger signal, consisting of a sudden power interruption 701, from the slower drop in transponder power voltage 702 during the interruption"), and responsive to each detected notch, to release the energy stored in the CSTOR (paragraph [0060], "The stimulus driver element is configured to discharge an electrical stimulus when the external trigger demodulator element receives the trigger signal"; paragraph [0080], "an external trigger signal demodulator element 608 so that its' stimulus discharge can be synchronized by a trigger signal from an external RF power field") for a duration based on the duration of the notch (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally"); and
a Tx antenna that generates the RF signal that wirelessly powers the IPG and that controls timing of output stimulations of the IPG, wherein amplitude modulation is applied to the RF signal to control the timing of the output stimulation (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally").
Regarding claim 8, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the demodulator is configured to detect notches based on amplitude modulation in the RF signal by detecting at least a threshold percentage reduction in power of the RF signal from the Tx antenna (paragraph [0084], "the external synchronization-trigger circuit configuration (shown in FIG. 6) can employ a differential filtering method to separate the trigger signal, consisting of a sudden power interruption 701, from the slower drop in transponder power voltage 702 during the interruption").
Regarding claim 11, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the IPG is used for at least one application selected from the group consisting of neural stimulation (paragraph [0062], "neural stimulus electrode 21 also connects the stimulus driver 20 to neural conduction tissue (axons)"), and bladder stimulation (paragraph [0092], "The deep inner transfer coil 905 is implanted to couple with the deeply implanted field of micro-transponders 908 located near deep targets of micro-stimulation...such as the bladder").
Regarding claim 12, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the output voltage regulator limits an amplitude of output stimulations within a specific range (paragraph [0087], "the stimulus current peak amplitude is controlled by the RF power intensity setting, as shown in the third graph 803. That is, the stimulus current peak amplitude is directly related to the RF power intensity setting").
Regarding claim 13, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the amplitude modulation is applied to the RF signal to control at least one of a repetition rate and a duration of the output stimulation in an analog manner (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally"; paragraph [0087], "the stimulus current peak amplitude is controlled by the RF power intensity setting, as shown in the third graph 803. That is, the stimulus current peak amplitude is directly related to the RF power intensity setting").
Regarding claim 14, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the demodulator replicates a timing of the amplitude modulation applied to the RF signal (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally").
Regarding claim 18, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the duration of energy release is the same as the duration of the notch (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally").
Regarding claim 19, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the release of energy from the CSTOR for the duration produces a pulse signal with a duration that is substantially the same as the duration of the notch (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally").
Regarding claim 20, Cauller discloses the wirelessly powered stimulator of claim 19, as explained above. Cauller further discloses that the amplitude of the pulse signal is substantially the same as VDD (paragraph [0067], "RF signals received by the micro-coil 22 may be converted to electrical signals, via the RF identity and trigger demodulator 13, so as to provide sufficient current and voltage for stimulating the peripheral nerves").
Regarding claim 21, Cauller discloses the wirelessly powered stimulator of claim 19, as explained above. Cauller further discloses one or more electrodes coupled to the CSTOR and configured to be placed adjacent to tissue to thereby deliver the pulse signal to the tissue (paragraph [0062], "neural stimulus electrode 21 also connects the stimulus driver 20 to neural conduction tissue (axons)").
Regarding claim 22, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the Tx antenna applies amplitude modulation on the same RF signal to produce notches on the RF signal (paragraph [0086], "the external RF power coil modulates the RF power field").
Regarding claim 25, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the repetition rate of notches is between 1 Hz and 10 kHz (paragraph [0086], "In the first graph 801, the external RF power coil modulates the RF power field to communicate a first trigger signal setting, which results in a stimulus frequency of 2 Hz. As discussed previously, the stimulus frequency is controlled by a trigger signal created when the RF power coil modulates the RF power field. The stimulus frequency is therefore directly related to the RF power field modulation frequency as shown in the second graph 802, where the stimulus frequency equals 10 Hz")
Regarding claim 27, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the VDD is between 100 mV and 30 V (paragraph [0101], "voltage settings from 1 to 4 volts").
Regarding claim 28, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller further discloses that the pulse signal applied to the tissue is used to stimulate nerves for therapeutic applications (paragraph [0067], "This may be used to treat nerves that are damaged or that are otherwise physiologically deficient").
Regarding claim 29, Cauller discloses an implantable pulse generator (IPG) (paragraph [0053], "minimally invasive wireless micro-implants termed 'microtransponders,' which may be small enough to allow numerous independent microtransponders to be implanted under a square inch of skin"), comprising:
an Rx antenna configured to receive a radio frequency (RF) signal (Fig. 1, paragraph [0062], micro-coil 22; paragraph [0064], "micro-coils 22 convert the fluctuations of the magnetic flux of the external RF field into alternating electrical currents");
a rectifier (Fig. 1, paragraph [0062], rectifier 14) coupled to the Rx antenna and configured to rectify the RF signal to generate VDD (paragraph [0064], "the micro-coils 22 convert the fluctuations of the magnetic flux of the external RF field into alternating electrical currents, flowing within the micro-coil 22 and the circuit 10. The alternating current is routed, for example, into the rectifier 14, which converts the alternating current into direct current);
an energy storage capacitor CSTOR (Fig. 1, paragraph [0062], capacitor 18) coupled to the rectifier, wherein VDD charges the CSTOR (paragraph [0064], "The direct current may then be used to charge the capacitor 18");
a demodulator (Fig. 1, paragraph [0062], RF identity and trigger demodulator 13);
an output voltage regulator that monitors VDD relative to a lower tier voltage reference and a higher tier voltage reference, and enables the demodulator when VDD is above the lower tier voltage reference (paragraph [0067], "RF identity and trigger demodulator 13 derives power from an RF carrier signal"), and enables a discharge path to discharge excess incident charge on the energy storage capacitor CSTOR when VDD exceeds the higher tier voltage reference (paragraph [0075], "The breakdown voltage of a single zener diode 405 is configured to set the desired stimulus voltage by dumping current and triggering the switch 416 closure, discharging the capacitor 411 into the electrodes 412 (gold or Platinum-iridium alloy) when it reaches the stimulation voltage"); and
wherein the demodulator is configured to detect notches based on amplitude modulation in the RF signal (paragraph [0084], "As shown in FIG. 7, the external synchronization-trigger circuit configuration (shown in FIG. 6) can employ a differential filtering method to separate the trigger signal, consisting of a sudden power interruption 701, from the slower drop in transponder power voltage 702 during the interruption"), and responsive to each detected notch, to release the energy stored in the CSTOR (paragraph [0060], "The stimulus driver element is configured to discharge an electrical stimulus when the external trigger demodulator element receives the trigger signal"; paragraph [0080], "an external trigger signal demodulator element 608 so that its' stimulus discharge can be synchronized by a trigger signal from an external RF power field") for a duration based on the duration of the notch (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally").
Regarding claim 30, Cauller discloses a method of delivering stimulation therapy (paragraph [0054]), comprising:
receiving, at an implantable pulse generator (IPG) (paragraph [0053], "minimally invasive wireless micro-implants termed 'microtransponders,' which may be small enough to allow numerous independent microtransponders to be implanted under a square inch of skin"), a radio frequency (RF) signal (paragraph [0064], "micro-coils 22 convert the fluctuations of the magnetic flux of the external RF field into alternating electrical currents");
detecting, using a demodulator at the IPG (Fig. 1, paragraph [0062], RF identity and trigger demodulator 13), notches based on amplitude modulation in the RF signal (paragraph [0084], "As shown in FIG. 7, the external synchronization-trigger circuit configuration (shown in FIG. 6) can employ a differential filtering method to separate the trigger signal, consisting of a sudden power interruption 701, from the slower drop in transponder power voltage 702 during the interruption");
regulating charge to an energy storage capacitor CSTOR of the IPG (Fig. 1, paragraph [0062], capacitor 18) using VDD generated from the RF signal by monitoring VDD relative to a lower tier voltage reference and a higher tier voltage reference (paragraph [0067], "RF identity and trigger demodulator 13 derives power from an RF carrier signal");
enabling the demodulator when VDD is above the lower tier voltage reference, disabling the demodulator when VDD is lower than the lower tier voltage reference (paragraph [0067], "RF identity and trigger demodulator 13 derives power from an RF carrier signal"), and enabling a discharge path to discharge excess incident charge on the energy storage capacitor CSTOR when VDD exceeds the higher tier voltage reference (paragraph [0075], "The breakdown voltage of a single zener diode 405 is configured to set the desired stimulus voltage by dumping current and triggering the switch 416 closure, discharging the capacitor 411 into the electrodes 412 (gold or Platinum-iridium alloy) when it reaches the stimulation voltage");
responsive to each detected notch, releasing the energy stored in an energy storage capacitor CSTOR of the IPG (paragraph [0060], "The stimulus driver element is configured to discharge an electrical stimulus when the external trigger demodulator element receives the trigger signal"; paragraph [0080], "an external trigger signal demodulator element 608 so that its' stimulus discharge can be synchronized by a trigger signal from an external RF power field") for a duration that is based on the duration of the notch to produce a pulse signal having a duration that is based on the duration of the notch (paragraph [0084], "As the RF power field is modulated, the timing and frequency of stimuli from all the microtransponders under the external RF power coil 602 are synchronized externally"); and
applying, through one or more electrodes coupled to the IPG, the pulse signal to a target site (paragraph [0062], "neural stimulus electrode 21 also connects the stimulus driver 20 to neural conduction tissue (axons)"; paragraph [0082], "stimulus driver element 611 is coupled to electrodes 612 (gold or Platinum-iridium alloy), thereby electrically connecting the stimulus driver element 611 to neural conduction tissue (axons)").
Regarding claim 31, Cauller discloses the method of claim 30, as explained above. Cauller further discloses that the target site comprises one of: neural tissue (paragraph [0062], "neural stimulus electrode 21 also connects the stimulus driver 20 to neural conduction tissue (axons)"), and a bladder (paragraph [0092], "The deep inner transfer coil 905 is implanted to couple with the deeply implanted field of micro-transponders 908 located near deep targets of micro-stimulation...such as the bladder").
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 9 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Becerra-Fajardo et al. (In Vivo Demonstration of Addressable Microstimulators Powered by Rectification of Epidermically Applied Currents for Miniaturized Neuroprostheses. PLoS One. 2015 Jul 6;10(7):e0131666. doi: 10.1371/journal.pone.0131666. Previously cited.), hereinafter Becerra-Fajardo.
Regarding claim 9, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller does not explicitly disclose a DC-block capacitor, CBCK, that delivers the output stimulations for charge-neutralization.
However, Becerra-Fajardo further teaches a DC-block capacitor, CBCK, that delivers the output stimulations configured for charge-neutralization (Fig. 2, DC-blocking capacitor, page 7, "a dc-blocking capacitor (10 µF) was included for performing passive charge-balance of the unbalanced currents caused by current sources mismatching").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cauller with the teachings of Becerra-Fajardo to include a DC-block capacitor, CBCK, that delivers the output stimulations for charge-neutralization, because doing so compensates for the injected misbalanced charge by discharging the capacitor passively through the implant and the tissues between stimulation bursts (Becerra-Fajardo, page 7).
Regarding claim 24, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller does not explicitly disclose that CSTOR is between 10 nF and 1 mF.
However, Becerra-Fajardo teaches an implantable microstimulator (Fig. 2, page 4, Architecture of the Prototypes; page 6, second to last paragraph), comprising an energy storage capacitor of 47 µF (page 6, last paragraph).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use a CSTOR between 10 nF and 1 mF, for the purpose of providing safe and effective stimulation, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 10 rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Becerra-Fajardo et al. (In Vivo Demonstration of Addressable Microstimulators Powered by Rectification of Epidermically Applied Currents for Miniaturized Neuroprostheses. PLoS One. 2015 Jul 6;10(7):e0131666. doi: 10.1371/journal.pone.0131666. Previously cited.), hereinafter Becerra-Fajardo, and further in view of Feldman et al. (US Publication No. 20180140831 A1, previously cited), hereinafter Feldman.
Regarding claim 10, the wirelessly powered stimulator of claim 9 is obvious over Cauller and Becerra-Fajardo, as explained above. Neither Cauller nor Becerra-Fajardo discloses a discharge resistor, RDIS, that nulls the accumulated charge on the CBCK.
However, Feldman teaches an implantable pulse generator (Fig. 1, paragraph [0004], IPG 10) comprising a DC-block capacitor (Fig. 2B, paragraph [0009], DC-blocking capacitor 55) that delivers the output stimulations for charge-neutralization (paragraph 0046], “Because the capacitors may be charged to different values (e.g., VC1=VC2=3V, while other capacitors are charged to 0V), a discharge current, I.sub.D, will flow through the patient's tissue, Rt, as the equivalent circuit 95 seeks to equilibrate the amount of charge across each of the DC-blocking capacitors 55”). Feldman further teaches a discharge resistor (Fig. 3B, paragraph [0023], passive recovery resistor 97) that nulls the accumulated charge on the CBCK (paragraph [0023], “The passive recovery resistors 97 set the rate at which remaining charge on the DC-blocking capacitors 55 are discharged during the passive charge recovery phases 98”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cauller and Becerra-Fajardo with the teachings of Feldman to include a discharge resistor that nulls the accumulated charge on the CBCK, because doing so ensures that DC current is not inadvertently injected into the patient's tissue, thus improving the safety of the stimulator (Feldman, paragraph [0009]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Schulman et al. (US Patent No. 4220156 A, previously cited), hereinafter Schulman.
Regarding claim 15, Cauller discloses the wirelessly powered stimulator of claim 14, as explained above. Cauller does not explicitly disclose that the demodulator comprises three source follower replicas with a high end VH, low end VL, and transient envelope VENV of the RF signal and a VENV detection branch uses a small capacitor Csm and VH and VL are extracted on large capacitors with and without the AC input respectively.
However, Schulman teaches an implantable AM receiver (Abstract) comprising a VENV detection branch (Fig. 3, column 5, lines 1-3, AM detector 45) with a capacitor (column 3, lines 1-3, capacitor C1), a high end (Fig. 3, column 5, lines 7-9, peak detector 46) with a capacitor (column 5, lines 10-11, capacitor C3), and low end (column 5, lines 24-29, predetermined minimum level 20).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cauller with the teachings of Schulman to include a high end, low end, and transient envelope detection branch with capacitors because doing so allows the stimulator to distinguish between received signals and noise (Schulman, column 1, lines 58-61).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Schulman et al. (US Patent No. 4220156 A, previously cited), hereinafter Schulman, and further in view of Adams (US Patent No. 3945387 A, previously cited).
Regarding claim 16, the wirelessly powered stimulator of claim 15 is obvious over Cauller and Schulman, as explained above. Cauller and Schulman do not disclose that an average of VH and VL, VM, is obtained using a resistive divider and compared with VENV to reconstruct the timing of the amplitude modulation.
However, Adams teaches an implantable cardiac pacer (Abstract) comprising a resistive divider for controlling the timing of stimulation pulses (Fig. 1, column 3, lines 31-46, resistors 34 and 35).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cauller and Schulman with the teachings of Adams to obtain an average of VH and VL, VM, using a resistive divider and compare with VENV to reconstruct the timing of the amplitude modulation, because doing so optimizes stimulus rate and conserves battery (Adams, column 1, lines 40-43).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Schulman et al. (US Patent No. 4220156 A, previously cited), hereinafter Schulman, and further in view of Hajimiri et al. (US Publication No. 20150130293 A1, previously cited), hereinafter Hajimiri.
Regarding claim 17, the wirelessly powered stimulator of claim 15 is obvious over Cauller and Schulman, as explained above. Cauller and Schulman do not disclose that a recovered timing signal is sharpened by a buffer.
However, Hajimiri teaches an RF signal generator wirelessly transferring power to a wireless device (Abstract) wherein a timing signal is sharpened by a buffer (paragraphs [0060]-[0061]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cauller and Schulman with the teachings of Hajimiri so that a recovered timing signal is sharpened by a buffer, because doing so enables generating an RF signal whose amplitude and/or delay is controlled independently (Hajimiri, paragraph [0061]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Pivonka et al. (US Publication No. 20170001003 A1, previously cited), hereinafter Pivonka.
Regarding claim 23, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller does not explicitly disclose that the frequency of the RF signal is between 100 kHz and 500 MHz.
However, Pivonka teaches an external system configured to transmit one or more transmission signals to an implantable system (Abstract), wherein the frequency of the RF signal is between 100 kHz and 500 MHz (paragraph [0121], the disclosed ranges of 0.3 GHz-3 GHz and 0.434 GHz-0.915 GHz overlap with the claimed range of 100 kHz-500 MHz (equal to 1e-4 GHz-0.5 GHz)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cauller with the teachings of Pivonka so that the frequency of the RF signal is between 100 kHz and 500 MHz, because doing so ensures sufficient bandwidth to accommodate forward and reverse communications (Pivonka, paragraph [0121), and allows the implantable device antenna to be very small but still receive power (Pivonka, paragraph [0162]).
Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an RF signal between 100 kHz and 500 MHz, for the purpose of optimizing the size and shape of the transmitter and optimizing power usage, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Cauller et al. (US 20090198293 A1), hereinafter Cauller, in view of Demers et al. (US 20150328467 A1), hereinafter Demers.
Regarding claim 26, Cauller discloses the wirelessly powered stimulator of claim 1, as explained above. Cauller discloses that "The microtransponder design is based upon wireless technology Radio Frequency Identification Devices (RFIDs)" (paragraph [0053]). Implantable RFID frequencies range from 120 kHz to 140 kHz (Weis, page 11); thus, the periods of RFID frequencies range from 7.1 microseconds to 8.3 microseconds. Cauller discloses "stimulation pulses lasting less than 100 microseconds" (paragraph [0090]), which is longer than two times the period of the RF frequency.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a notch with a duration that is more than two times the period of the RF frequency. Demers teaches a wearable neurostimulator which may wirelessly receive control information (paragraph [0209]). Demers teaches that "Preventing truncation within the component waveforms forming the ensemble waveform may improve the cognitive effect and prevent undesirable and potentially painful charge imbalance and pH changes in the skin beneath the electrodes. ... For example, the duration (and therefore the frequency, which is one over the duration) of the amplitude modulation envelope may be set or adjusted to be a multiple of the duration of one period of a cycle of the component waveform (t.sub.s), which may help prevent truncation of pulses of the component waveform; similarly, the burst length of the amplitude modulation may be set or adjusted to be a multiple of the t.sub.s." (paragraph [0206]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE SISON whose telephone number is (703)756-4661. The examiner can normally be reached 8 am - 5 pm PT, Mon - Fri.
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/CHRISTINE SISON/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796
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