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 with traverse of species I, claims 1-19, in the reply filed on 09/30/2025 is acknowledged. The traversal is on the ground(s) that there is not a serious search and examination burden. This is not found persuasive because the subject matter has attained recognition in the art as a separate subject for inventive effort (i.e., Species I is classified in A61F2002/543 and Species II is classified in A61F2/583).
The requirement is still deemed proper and is therefore made FINAL.
Status of Claims
Claims 1-20 are pending, of which claim 20 has been withdrawn. Therefore, claims 1-19 are examined below.
Claim Objections
Regarding claim 2, the claim recites “with the provisio”. Examiner believes this should read “with the provisio[n]”
Regarding claim 11, the claim recites ““various levels of somatosensorial signal outputs to from light to strong touch”. Examiner believes this should read “various levels of somatosensorial signal outputs
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) 1-10 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0193647 (‘647) in view of US 2021/0111733 (‘733)
Regarding claim 1, ‘647 discloses a neurostimulator system (Fig. 1a), comprising:
at least one digital-to-analog converter (¶0047, “digital-to-analog converter) configured to receive an analog peripheral nervous system electrical signal from a patient (¶0042, wherein DAC is configured to receive nerve signals) and to convert said analog signal into a corresponding digital signal (Fig. 4, wherein DAC is configured for this intended use because it can convert analog signals to digital signals)
at least two current mirror circuits (¶0047, “current replication circuits”) configured to receive digital electrical signals from said digital-to-analog converter and to provide mirrored current to at least two additional circuit components (Fig. 4, wherein the current replication circuits provide mirrored current to at least 404, 406, and 408)
at least two or more current drivers (Fig. 4, 404 & 406), at least one being an anodic output current driver (Fig. 4, 404), and at least one being a cathodic output current driver (Fig. 4, 406), said drivers being configured to scale the current signals received from said mirror circuits by a multiplying factor (¶0048, wherein “impedance boosting” corresponds to scaling signals by a multiplying factor), and further configured to driving the constant current to at least one output electrode (Fig. 4, wherein current drivers 404 & 408 drive constant current to microelectrodes 208);
‘647 discloses at least two or more current drivers (Fig. 4, 404 & 406) but doesn't explicitly teach or disclose wherein said outputs of said two or more current drivers are configured so as to create a combined, crossfiring, output of said current drivers that produces a redundant sensing structure that produces accurate current pulses with an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system
‘733 discloses a neurostimulator system (¶0014, “neurostimulator device”) said outputs of said two or more current drivers are configured so as to create a combined, crossfiring, output of said current drivers that produces a redundant sensing structure (¶0056, “RS structure”) that produces accurate current pulses with an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system (¶0056, wherein “effective resolution beyond the conventional resource constraints” corresponds to an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the output of the at least two or more current drivers of ‘647 to produce a redundant sensing structure with an effective super-resolution accuracy, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056).
Regarding claim 2, ‘647 discloses a neurostimulator system but doesn't explicitly teach or disclose a redundant structure configured so as to achieve a super-resolution signal accuracy outcome.
‘733 discloses wherein said redundant structure (Fig. 1) is configured so as to achieve a super-resolution signal accuracy outcome by applying the effects of random mismatch error function to said system (¶0056, wherein “an effective resolution beyond the conventional resource constraints” corresponds to super-resolution signal accuracy), with the provision that mismatch avoidance and mismatch compensation functions are not applied in achieving said super-resolution signal accuracy outcome (¶0056, wherein mismatch error is neither avoided nor compensated)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the neurostimulator system of ‘647 with a redundant structure configured to achieve a super-resolution signal accuracy outcome, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056).
Regarding claim 3, ‘647 discloses a neurostimulator system (see rejection of claim 1) but doesn't explicitly teach or disclose a random mismatch error function.
‘733 further discloses wherein said random mismatch error function is configured so as to select and tune transistor size to achieve a desired mismatch ratio of 10% to 20% (¶0070, wherein “mismatch ratio reaches a certain percent (i.e. 10%) corresponds to a desired mismatch ratio of 10% to 20%).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the neurostimulator system of ‘647 with a random mismatch error function configured to select and tune transistor size to achieve a desired mismatch ratio of 10% to 20%, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056).
Regarding claim 4, ‘647 further discloses an on-chip timing generator (Fig. 1b, “timing generator”)
Regarding claim 5, ‘647 further discloses both on-chip (Fig. 1B, 122) and off-chip components (Fig. 1B, 110) configured so as to retrievably store calculated optimal transistor configurations obtained through foreground calibration (¶0059-¶0060, wherein 112 is configured for this intended use), and which configurations can be retrieved and read by said on- chip timing generator so as to produce signal output with super resolution accuracy
‘647 doesn't explicitly teach or disclose producing a signal output with super resolution accuracy.
‘733 discloses components configured to produce signal output with super resolution accuracy (system (¶0056, wherein “an effective resolution beyond the conventional resource constraints” corresponds to super-resolution signal accuracy)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the on-chip and off-chip components of ‘647 to produce a super resolution accuracy, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056).
Regarding claim 6, ‘647 further discloses wherein said on-chip component is a memory chip component of said system (Fig. 1B, 122)
Regarding claim 7, ‘647 discloses an off-chip component (Fig. 1b, 110) but doesn't explicitly teach or disclose a look-up table.
‘733 further discloses where said off-chip component is a look-up table component of said system (¶0096, “look-up table”)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the off-chip component of ‘647 to be a look-up table, as taught by ‘733, in order to configure the transistors for super resolution (¶0056)
Regarding claim 8, ‘647 further discloses an external controller (Fig. 1, 116) configured so as to ensure charge-balancing that is achieved by digital compensation for residual mismatch between said anodic and cathodic currents (¶0063, wherein “charge balancing schemes” corresponds to ensure charge balancing between anodic and cathodic currents)
Regarding claim 9, ‘647 discloses an external controller configured so as to ensure coarse level charge balancing (¶0063, wherein “charge balancing schemes” corresponds to coarse level charge balancing)
Regarding claim 10, ‘647 discloses an external controller configured so as to ensure fine level charge balancing (¶0063, wherein “charge balancing schemes” corresponds to fine level charge balancing)
Regarding claim 12, ‘647 discloses a neurostimulator system (see rejection of claim 1) but doesn't explicitly teach or disclose a random mismatch error function.
‘733 further discloses wherein said random mismatch error function is configured so as to select and tune diode size to achieve a desired mismatch ratio (¶0007, wherein “passive electrical elements” corresponds to tuning diode size)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the neurostimulator system of ‘647 with a random mismatch error function configured to select and tune diode size, as taught by ‘733, to in order to increase the overall precision of the neurostimulator system (¶0056)
Regarding claim 13, ‘647 discloses a neurostimulator system (see rejection of claim 1) but doesn't explicitly teach or disclose a random mismatch error function.
‘733 further discloses wherein said random mismatch error function is configured so as to select and tune resistor size to achieve a desired mismatch ratio (¶0007, “resistors”)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the neurostimulator system of ‘647 with a random mismatch error function configured to select and tune resistor size, as taught by ‘733, to in order to increase the overall precision of the neurostimulator system (¶0056)
Regarding claim 14, ‘647 discloses a neurostimulator system (see rejection of claim 1) but doesn't explicitly teach or disclose a random mismatch error function.
‘733 further discloses wherein said random mismatch error function is configured so as to select and tune capacitor size to achieve a desired mismatch ratio (¶0007, “capacitors’)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the neurostimulator system of ‘647 with a random mismatch error function configured to select and tune capacitor size, as taught by ‘733, to in order to increase the overall precision of the neurostimulator system (¶0056)
Regarding claim 15, ‘647 discloses a neurostimulator system (see rejection of claim 1) but doesn't explicitly teach or disclose a random mismatch error function
‘733 further discloses whereby application of the effects of random mismatch error function in said system is configured so as to be applied to extremely large mismatches to achieve super-resolution over 10-fold beyond intrinsic resolution of said design imposed by physical constraints of materials in said system (¶0017, wherein an “effective resolution…at least two hundred times greater than an intrinsic resolution” corresponds to a super-resolution over 10-fold beyond intrinsic resolution).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the neurostimulator system with a random mismatch error function configured to achieve super resolution over 10-fold, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056)
Claim(s) 11 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0193647 (‘647) in view of US 2021/0111733 (‘733), as applied to claims above, and further in view of US 2014/0277583 (Kuntaegowdanahalli)
Regarding claim 11, ‘647 discloses a neurostimulator system (see rejection of claim 1) but doesn't explicitly teach or disclose that it configured to create various levels of somatosensorial signal outputs in a neuroprosthesis device. ‘733 doesn't explicitly teach or disclose a neurostimulator system configured to create various levels of somatosensorial signal outputs in a neuroprosthesis device
Kuntaegowdanahalli discloses a neurostimulator system (Fig. 1) configured output to create various levels of somatosensorial signal outputs of from light to strong touch in real time (¶0064, wherein the level of level of touch stimulation can be adjusted) in a neuroprosthesis device (Fig. 1)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the neurostimulator of ‘647 in view of ‘733 to create various levels of somatosensorial signal outputs in from light to strong touch in real time in a neuroprosthesis device, as taught by Kuntaegowdanahalli, in order to restore a sense of touch in the affected side of a prosthesis user.
Regarding claim 16, ‘647 discloses a high-resolution constant-current stimulator neurostimulator chip (Fig. 1a), comprising:
at least one digital-to-analog converter (¶0047, “digital-to-analog converter) configured to receive an analog peripheral nervous system electrical signal from a patient (¶0042, wherein DAC is configured to receive nerve signals) and to convert said analog signal into a corresponding digital signal (Fig. 4, wherein DAC is configured for this intended use because it can convert analog signals to digital signals)
at least two current mirror circuits (¶0047, “current replication circuits”) configured to receive digital electrical signals from said digital-to-analog converter and to provide mirrored current to at least two additional circuit components (Fig. 4, wherein the current replication circuits provide mirrored current to at least 404, 406, and 408)
at least two or more current drivers (Fig. 4, 404 & 406), at least one being an anodic output current driver (Fig. 4, 404), and at least one being a cathodic output current driver (Fig. 4, 406), said drivers being configured to scale the current signals received from said mirror circuits by a multiplying factor (¶0048, wherein “impedance boosting” corresponds to scaling signals by a multiplying factor), and further configured to driving the constant current to at least one output electrode (Fig. 4, wherein current drivers 404 & 408 drive constant current to microelectrodes 208);
‘647 discloses at least two or more current drivers (Fig. 4, 404 & 406) but doesn't explicitly teach or disclose wherein said outputs of said two or more current drivers are configured so as to create a combined, crossfiring, output of said current drivers that produces a redundant sensing structure that produces accurate current pulses with an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system
‘733 discloses a neurostimulator system (¶0014, “neurostimulator device”) said outputs of said two or more current drivers are configured so as to create a combined, crossfiring, output of said current drivers that produces a redundant sensing structure (¶0056, “RS structure”) that produces accurate current pulses with an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system (¶0056, wherein “effective resolution beyond the conventional resource constraints” corresponds to an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the output of the at least two or more current drivers of ‘647 to produce a redundant sensing structure with an effective super-resolution accuracy, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056).
‘647 discloses a neurostimulator chip (Fig. 1) but doesn't explicitly teach or disclose a neuroprosthesis. ‘733 discloses a neurostimulator (¶0056, “neurostimulators”) doesn’t explicitly discloses a neuroprosthesis.
Kuntaegowdanahalli discloses a neuroprosthesis (Fig. 1)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the neurostimulator chip of ‘647 in view of ‘733 with a neuroprosthesis, as taught by Kuntaegowdanahalli, in order to restore a sense of touch in the affected side of a prosthesis user.
Regarding claim 17, ‘647 discloses an electrical neuromodulation neurostimulator chip(Fig. 1a), comprising:
at least one digital-to-analog converter (¶0047, “digital-to-analog converter) configured to receive an analog peripheral nervous system electrical signal from a patient (¶0042, wherein DAC is configured to receive nerve signals) and to convert said analog signal into a corresponding digital signal (Fig. 4, wherein DAC is configured for this intended use because it can convert analog signals to digital signals)
at least two current mirror circuits (¶0047, “current replication circuits”) configured to receive digital electrical signals from said digital-to-analog converter and to provide mirrored current to at least two additional circuit components (Fig. 4, wherein the current replication circuits provide mirrored current to at least 404, 406, and 408)
at least two or more current drivers (Fig. 4, 404 & 406), at least one being an anodic output current driver (Fig. 4, 404), and at least one being a cathodic output current driver (Fig. 4, 406), said drivers being configured to scale the current signals received from said mirror circuits by a multiplying factor (¶0048, wherein “impedance boosting” corresponds to scaling signals by a multiplying factor), and further configured to driving the constant current to at least one output electrode (Fig. 4, wherein current drivers 404 & 408 drive constant current to microelectrodes 208);
‘647 discloses at least two or more current drivers (Fig. 4, 404 & 406) but doesn't explicitly teach or disclose wherein said outputs of said two or more current drivers are configured so as to create a combined, crossfiring, output of said current drivers that produces a redundant sensing structure that produces accurate current pulses with an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system
‘733 discloses a neurostimulator system (¶0014, “neurostimulator device”) said outputs of said two or more current drivers are configured so as to create a combined, crossfiring, output of said current drivers that produces a redundant sensing structure (¶0056, “RS structure”) that produces accurate current pulses with an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system (¶0056, wherein “effective resolution beyond the conventional resource constraints” corresponds to an effective super-resolution accuracy beyond ordinary limitations imposed by physical constraints of materials in said system)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the output of the at least two or more current drivers of ‘647 to produce a redundant sensing structure with an effective super-resolution accuracy, as taught by ‘733, in order to increase the overall precision of the neurostimulator system (¶0056).
‘647 discloses a neurostimulator chip (Fig. 1) but doesn't explicitly teach or disclose a neuroprosthesis. ‘733 discloses a neurostimulator (¶0056, “neurostimulators”) doesn’t explicitly discloses a neuroprosthesis.
Kuntaegowdanahalli discloses neural stimulation system (Fig. 1, “neural stimulation system) which generates neurostimulation signals in a neuroprosthesis (Fig. 1, see also ¶0064, wherein the sensation of touch corresponds to a neurostimulation signal)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to configure the neurostimulator chip of ‘647 in view of ‘733 with to generate neurostimulation signals in a neuroprosthesis, as taught by Kuntaegowdanahalli, in order to restore a sense of touch in the affected side of a prosthesis user.
Regarding claim 18, ‘733 discloses the neurostimulator chip of claim 17 (see rejection of claim 17) but doesn't explicitly teach or disclose a method of rehabilitating an amputee by fitting said amputee with a tactile-sensitive neuroprosthesis.
Kuntaegowdanahalli discloses disclose a method of rehabilitating an amputee by fitting said amputee with a tactile-sensitive neuroprosthesis (Fig. 1, see also ¶0008, method for fitting neural-enabled prosthetics)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to utilize the neurostimulator chip of ‘733 in the method as method, as taught by Kuntaegowdanahalli, in order to restore a sense of touch in the affected side of a prosthesis user.
Regarding claim 19, ‘733 doesn't explicitly teach or disclose a prosthetic forearm and hand.
Kuntaegowdanahalli discloses wherein said neuroprosthesis is a prosthetic forearm and hand (See Fig. 1)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the chip of ‘733 into the with a prosthetic forearm and hand, as taught by Kuntaegowdanahalli, in order to restore both the missing limb of the user as well as their proprioception on the affected side.
Conclusion
Included below is relevant prior art that was considered but not relied upon for this office action:
US 2025/0381046 – discloses a prosthetic limb
US 20160331561 – discloses a bidirectional neuroprosthesis
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/MAXIMILIAN TOBIAS SPENCER/Examiner, Art Unit 3774
/JERRAH EDWARDS/Supervisory Patent Examiner, Art Unit 3774