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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
-reference characters "309" and "9" have both been used to designate second inductors.
- reference characters "310", “422” and "424" have all been used to designate further switching devices.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 1, 2, 6, 8, 9, 14, 15, 16 are objected to because of the following informalities:
-Claim 1 recites “the current flow in the forward direction” in line 23. Examiner recommends amending to –the electrical current in the forward direction—
-Claim 1 recites “wherein the capacitor” in line 27. Examiner recommends amending to –and wherein the at least one capacitor—
-Claim 1 recites “means of” in line 14. Examiner recommends deletion of this recitation.
-Claim 2 recites “said capacitor” in line 30. Examiner recommends amending to –said at least one capacitor—
-Claim 6 recites “continuously variable from” in lines 28-29. Examiner recommends amending to –continuously variable, from—
-Claim 6 recites “the further switching devices” in line 10. Examiner recommends amending to –the one or more further switching devices—
-Claim 8 recites “value C1” in line 15. Examiner recommends amending to –value C1;--
-Claim 8 recites “n+1” in line 17. Examiner recommends amending to –n+1; and—
-Claim 9 recites “means of” in line 26. Examiner recommends deletion of this recitation.
-Claim 15 recites “wherein” in line 28. Examiner recommends amending to –and wherein—
-Claim 16 recites “so as to” in lines 11 and 22. Examiner recommends amending to –to--.
-Claim 16 recites “means of” in lines 13-14. Examiner recommends deletion of this recitation.
-Claim 16 recites “the current flow in the forward direction” in line 24. Examiner recommends amending to –the electrical current in the forward direction—
-Claim 16 recites “wherein the capacitor” in line 27. Examiner recommends amending to –and wherein the at least one capacitor—
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 1 and 16 recites “first switching device” which is a generic placeholder. There is no sufficient structure for this limitation provided in the claims. The function of this limitation is to electrically connect the capacitor arrangement to the inductor. According to the specification the first switching device includes a thyristor [Pg 54, lines 34] and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
-Claim 1 recites “a magnetic field for application to body tissue” in line 5. It is unclear whether or not this is the same as the original magnetic field for application to body tissue originally referenced in claim 1, line 1.
-Claim 1 recites “capacitor arrangement” in line 3. It is unclear what arrangement implies in terms of the requirements of this limitation. Further clarification should be provided.
-Claim 1 recites “preferably” in line 18. It is unclear what is meant by this recitation and whether the preceding and proceeding limitations are required by the claim since the recitations are identical. Further clarification should be provided.
-Claim 1 recites “electrical current” in lines 20 and 22. It is unclear whether this is the same electrical current originally referenced in claim 1, line 12.
-Claim 4 recites “the first capacitor” in line 1. There is insufficient antecedent basis for this limitation in the claim.
-Claim 4 recites “the capacitances of the one or more further capacitors” in line 2. There is insufficient antecedent basis for this limitation in the claim.
-Claim 4 recites “a total capacitance” in lines 11 and 14. It is unclear whether this is the same total capacitance originally referenced in claim 4, lines 2-3.
-Claim 4 recites “a minimum” in line 13. It is unclear whether this is the same minimum value referenced in claim 4, line 10.
-Claim 4 recites “a maximum” in line 16. It is unclear whether this is the same maximum value referenced in claim 4, line 10.
-Claim 5 recites “one for each” in line 2. It is unclear what “one” refers to in this embodiment. Further clarification should be provided.
-Claim 6 recites “the first capacitor” in line 1. There is insufficient antecedent basis for this limitation in the claim.
-Claim 6 recites “the capacitances of the one or more further capacitors” in line 2. There is insufficient antecedent basis for this limitation in the claim.
-Claim 6 recites “a total capacitance” in line 30. It is unclear whether this is the same total capacitance originally referenced in claim 6, line 3.
-Claim 6 recites “a minimum” in line 3. It is unclear whether this is the same minimum value referenced in claim 6, line 29.
-Claim 6 recites “a maximum” in line 9. It is unclear whether this is the same maximum value referenced in claim 6, line 29.
-Claim 7 recites “the first capacitor arrangement” in line 12. There is insufficient antecedent basis for this limitation in the claim.
-Claim 8 recites “the first capacitor” in line 15. There is insufficient antecedent basis for this limitation in the claim.
-Claim 8 recites “the n further capacitors” in line 16. There is insufficient antecedent basis for this limitation in the claim.
-Claim 8 recites “the number of further capacitors” in lines 16-17. There is insufficient antecedent basis for this limitation in the claim.
-Claim 9 recites “electrical energy” in lines 22 and 24. It is unclear whether this is the same or different from the electrical energy originally referenced in claim 1, lines 5-6.
-Claim 9 recites “electrical current” in line 28. It is unclear whether this is the same or different from the electrical current originally referenced in claim 1, line 12.
-Claim 9 recites “the first inductor” in lines 28-29. There is insufficient antecedent basis for this limitation in the claim.
-Claim 12 recites “the total capacitance” in line 13. There is insufficient antecedent basis for this limitation in the claim.
-Claim 13 recites “body tissue” in line 18. It is unclear whether this is the same body tissue originally referenced in claim 1, line 1.
-Claim 15 recites “in particular” in line 27. It is unclear what is meant by this recitation and whether the following limitations are required by the claim. Further clarification should be provided.
-Claim 15 recites “preferably” in line 28. It is unclear what is meant by this recitation and whether the following limitations are required by the claim. Further clarification should be provided.
-Claim 16 recites “body tissue” in line 6. It is unclear whether this is the same body tissue originally referenced in claim 16, line 2.
-Claim 16 recites “capacitor arrangement” in line 3. It is unclear what arrangement implies in terms of the requirements of this limitation. Further clarification should be provided.
-Claim 16 recites “electrical current” in lines 20 and 22. It is unclear whether this is the same as the electrical current originally referenced in claim 16, line 11.
-Claim 16 recites “preferably” in line 18. It is unclear what is meant by this recitation and whether the preceding and proceeding limitations are required by the claim since the recitations are identical. Further clarification should be provided.
-Claim 16 recites “caused by the electrical energy stored” in line 13. It is unclear what the recitation “caused by” entails in terms of what is being caused. Further clarification should be provided.
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.
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.
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:
Claim(s) 1-7, 9 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hastings (U.S. 20090204170).
Regarding Claim 1, Hastings teaches an apparatus for generating a magnetic field for application to body tissue, [Abstract; “configured to capture magnetic energy to generate a tissue electrostimulation”] the apparatus comprising:
a capacitor arrangement comprising at least one capacitor for storing electrical energy [Fig. 2, element 227];
an inductor for generating a magnetic field for application to body tissue [Fig. 2, element 208];
connecting circuitry between the capacitor arrangement and the inductor [0071]—reference to the inductance-capacitance (LC) circuit, wherein the connecting circuitry comprises at least a first branch and a second branch [Fig. 2, first branch between nodes containing elements 228, 229, 206, 208, and second branch represented by element 200];
a first switching device, wherein the first switching device forms part of the first branch [Fig. 2, element 228—depicted as part of first branch], wherein the first switching device is configured to electrically connect the capacitor arrangement to the inductor in order to enable electrical current to flow through the first branch and through the inductor [0071; “a switching structure 228…to control current flow from the battery 226 or …such as a capacitor 227 to an inductive antenna 206], caused by the electrical energy stored by means of the capacitor arrangement [0071; “optional transient energy storage device such as a capacitor 227”], thereby causing the inductor to generate the magnetic field [0071; “range of frequencies to be selected at which a time varying magnetic flux 214 will be generated by the inductive antenna 206”], wherein the electrical current flowing through the first branch represents a first current direction of current flow between the capacitor arrangement and the inductor [0071]—reference to controlling current flow from element 226 to the inductive antenna;
and an electric component or assembly of electric components, preferably an electronic component or assembly of electronic components, that conducts, or is arranged to conduct, electrical current primarily in a forward direction [Fig. 2, element 250/260 (electrodes)] and [0081]—reference to electrostimulus electrodes conducting electrical current to the tissue, wherein said electric component or assembly of electric components forms part of the second branch so as to enable electrical current to flow between the capacitor arrangement and the inductor through the second branch [Fig. 2, elements 212 (inductor) and 211 (tuning element), referred to as “parallel capacitor” in [0091],
wherein the current flow in the forward direction represents a second current direction of current flow between the capacitor arrangement and the inductor[0078]—reference to inductive pickup and tuning the capacitance of element 211 to achieve desired resonant frequency, the second current direction being opposite the first current direction [0120; “An anode electrode 260 can provide a second electro stimulation electrode that can be in contact with either other cardiac tissue 102 or blood, for instance to provide a return path to complete the electrostimulation circuit.”]—where the return path is interpreted to be opposite the first current direction to complete the circuit;
wherein the capacitor has a variable capacitance [0072]—reference to variable-capacitance diode to model an active circuit and capacitor of a selected value.
Regarding Claim 2, Hastings teaches wherein the capacitor arrangement comprises one or more further capacitors [0019]—reference to a capacitor or one or more other storage devices, connected in parallel to said capacitor and [Fig. 2, element 229 (tuning element)]. In which [0071]—references this tuning element also being a capacitor similar to element 227 and these elements are shown in Fig. 2 as being in parallel to one another.
Regarding Claim 3, Hastings teaches wherein at least one of the one or more further capacitors have a capacitance which is one of:
- variable; (not required by the claim)
- discretely variable; [0071; “A tuning element 229 can be used to allow a range of frequencies to be selected at which a time-varying magnetic flux 214 will be generated by the inductive antenna 206. The resulting inductance-capacitance (LC) circuit forms a resonant "tank" circuit, which can have an operable range of resonant frequencies selected from a range of300 KHz to 10 MHz, but selected below the self-resonant frequency of the inductor 208 comprising the inductive antenna 206.”]
and - substantially continuously variable (not required by the claim).
Regarding Claim 4, Hastings teaches wherein the capacitance of the first capacitor and the capacitances of the one or more further capacitors are chosen such that a total capacitance of the capacitor arrangement is one of: - discretely variable [0071]; and - substantially continuously variable (not required per the claim limitation) from a minimum value up to a maximum value [0071; “which can have an operable range of resonant frequencies selected from a range of300 KHz to 10 MHz,”] , wherein the minimum value corresponds to a total capacitance of the capacitor arrangement when the capacitance of the first capacitor and the capacitances of the one or more further capacitors is adjusted to a minimum [Table 1, “Tuning capacitor C1 = 0.0116 μF”]; and wherein the maximum value corresponds to a total capacitance of the capacitor arrangement when the capacitance of the first capacitor and the capacitances of the one or more further capacitors is adjusted to a maximum [0101; “and a 1 microfarad capacitor (CL), a cardiac tissue electrostimulation pacing pulse of greater than 4V peak amplitude, |VL|, can be achieved using a resonant frequency of 1 MHz.”].
Regarding Claim 5, Hastings teaches further comprising one or more further switching devices [Fig. 2, element 218 (DC blocking device)], one for each of the one or more further capacitors, wherein the one or more further switching devices are configured to selectively interrupt an electrical connection between a respective one of the one or more further capacitors and the connecting circuitry [0081; “used to inhibit a DC-stimulus component from being coupled to electrostimulus electrodes 250, 260”].
Regarding Claim 6, Hastings teaches wherein the capacitance of the first capacitor and the capacitances of the one or more further capacitors are chosen such that a total capacitance of the capacitor arrangement is one of: - discretely variable [0071]; and - substantially continuously variable
from a minimum value up to a maximum value [0071; “which can have an operable range of resonant frequencies selected from a range of300 KHz to 10 MHz,”], wherein the minimum value corresponds to a total capacitance of the capacitor arrangement when: - the electrical connection between the one or more further capacitors and the connecting circuitry is interrupted by the further switching devices [0082; “The blocking device 218 and the shunt device 219 can form a high-pass network configured such that the upper cutoff frequency and resulting time-domain pulse shape can be selected or even programmably adjusted …blocking device 218 can be selected as a capacitor having capacitance of about 1 micro Farad, and shunt device 219 can be selected as an approximately 5 kiloOhm resistor to achieve a desired cardiac tissue electrostimulation pacing pulse.]; and
- the capacitance of the first capacitor is adjusted to a minimum and wherein the maximum value corresponds to a total capacitance of the capacitor arrangement [0101] when:
- the electrical connection between the one or more further capacitors and the connecting circuitry is not interrupted [0091; “Neglecting the rectifier 213, switch 217, shunt capacitor 215, blocking device 218, and shunt resistor 219, the receiver inductive pickup impedance can be represented as … impedance associated with the tissue load and tuning element can be represented as …]—reference to the blocking capacitor (tuning element) neglected in calculations related to tissue impedance. and
- the capacitance of the first capacitor is adjusted to a maximum [0095; “With a broader seed 210 receiver response characteristic, the transmitter tuning element 229 can be adjusted more easily ( e.g., less precisely) to provide an operating frequency at resonance corresponding the to resonant frequency of the receiver in seed 210 (e.g., the transmitter can be tuned to be more sharply "peaked" at resonance than the receiver, and transmitter resonant frequency can then be swept until centered on receiver resonant frequency).”]—describing tuning element (first capacitor) being adjusted to peak at a resonant frequency.
Regarding Claim 7, Hastings teaches further comprising a charging circuit for charging the first capacitor arrangement [01546]—describes the battery component of the circuit that allows for a 12 Watt-hr charge available to the battery.
Regarding Claim 9, Hastings teaches a method of generating a magnetic field [0020]—reference to generating a time-varying magnetic flux, the method comprising: providing an apparatus according to claim 1; storing electrical energy in the capacitor arrangement [0034]—reference to storing inductively coupled energy within the energy storage device which is described as a capacitor in [0071]; switching the first switching device so as to electrically connect the capacitor arrangement to the inductor and thereby enabling electrical current to flow through the first branch and through the inductor [0071], caused by the electrical energy stored by means of the capacitor arrangement [0071]—reference to transient energy storage device, thereby causing the inductor to generate the magnetic field [0071; “A tuning element 229 can be used to allow a range of frequencies to be selected at which a time-varying magnetic flux 214 will be generated by the inductive antenna 206.”] ; and enabling electrical current to flow between the capacitor arrangement and the first inductor through the second branch via said electric component or assembly of electric components [0078; “In some examples, to reduce the size of the seed device 210, a discrete capacitor 211 can be omitted, and the capacitance used to achieve resonance of the inductive pickup 212 can be the parasitic capacitance of the physical coil structure of the inductive pickup 212 (for example, the inter-winding capacitance).”]
Regarding Claim 13, Hastings teaches further comprising bringing the first inductor into proximity with body tissue, or bringing the body tissue into proximity with the first inductor, so that the magnetic field is present in said body tissue [0094; “can vary depending on the specific implant configuration of the inductive pickup 212, and the resulting tissue and blood proximity effects on the electrical response of the inductive pickup 212.”] and [Fig. 10].
Regarding Claim 14, Hastings teaches further comprising varying the magnetic field in the body tissue so as to generate a voltage in the body tissue or to cause a movement of charges in the body tissue [0093]—reference to Power coupling efficiency and peak output voltage at the tissue load 202E.
Regarding Claim 15, Hastings teaches wherein the generated voltage or the movement of charges in the body tissue is sufficient to cause a neural reaction or a cellular physiological reaction, in particular a muscle reaction in the body tissue [0081]—describes electrostimulation being applied to the muscle tissue, wherein preferably the voltage or the movement of charges is sufficient to cause a therapeutic effect [Abstract]—reference to therapy control unit as a portion of the embodiment as well as electrostimulation being well understood to comprise a therapeutic effect when applied to a patient.
Regarding Claim 16, Hastings teaches an apparatus for use with an inductor for generating a magnetic field for application to body tissue [Abstract; “configured to capture magnetic energy to generate a tissue electrostimulation” and “inductive antenna”], the apparatus comprising: a capacitor arrangement comprising at least one capacitor for storing electrical energy [Fig. 2, element 227]; a terminal for connection to the inductor for generating a magnetic field for application to body tissue [0085]—reference to voltages induced across terminals of the inductive antenna or inductive pickup and [Fig. 2, element 208]; connecting circuitry between the capacitor arrangement and said terminal [0071]—reference to the inductance-capacitance (LC) circuit, interpreted with the understanding that the terminals are considered a part of the inductor, wherein the connecting circuitry comprises at least a first branch and a second branch [Fig. 2, first branch between nodes containing elements 228, 229, 206, 208, and second branch represented by element 200]; a switching device, wherein the switching device forms part of the first branch [Fig. 2, element 228—depicted as part of first branch], wherein the switching device is configured to electrically connect the capacitor arrangement to said terminal so as to enable electrical current to flow through the first branch and through the inductor via said terminal when the inductor is connected to the apparatus via said terminal [0071; “a switching structure 228…to control current flow from the battery 226 or …such as a capacitor 227 to an inductive antenna 206], caused by the electrical energy stored by means of the capacitor arrangement [0071; “optional transient energy storage device such as a capacitor 227”], thereby causing the inductor to generate the magnetic field [0071; “range of frequencies to be selected at which a time varying magnetic flux 214 will be generated by the inductive antenna 206”], wherein the electrical current flowing through the first branch represents a first current direction of current flow between the capacitor arrangement and said terminal [0071]—reference to controlling current flow from element 226 to the inductive antenna; and an electric component or assembly of electric components, preferably an electronic component or assembly of electronic components, that conducts, or is arranged to conduct, electrical current primarily in a forward direction [Fig. 2, element 250/260 (electrodes)] and [0081]—reference to electrostimulus electrodes conducting electrical current to the tissue, wherein said electric component or assembly of electric components forms part of the second branch so as to enable electrical current to flow between the capacitor arrangement and the inductor through the second branch via said terminal when the inductor is connected to the apparatus via said terminal [Fig. 2, elements 212 (inductor) and 211 (tuning element), referred to as “parallel capacitor” in [0091], wherein the current flow in the forward direction represents a second current direction of current flow between the capacitor arrangement and the inductor [0078]—reference to inductive pickup and tuning the capacitance of element 211 to achieve desired resonant frequency, the second current direction being opposite the first current direction [0120; “An anode electrode 260 can provide a second electro stimulation electrode that can be in contact with either other cardiac tissue 102 or blood, for instance to provide a return path to complete the electrostimulation circuit.”]—where the return path is interpreted to be opposite the first current direction to complete the circuit; wherein the capacitor has a variable capacitance [0072]—reference to variable-capacitance diode to model an active circuit and capacitor of a selected value.
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hastings (U.S. 20090204170) in view of Yeh (CN 112673567).
Regarding Claim 8, Hastings is silent on wherein: - the first capacitor has a maximum capacitance of value C1 - the n further capacitors have a capacitance of value Cm, where n is the number- Cm is substantially equal to C1 * 2(m-2). Yeh teaches wherein: - the first capacitor has a maximum capacitance of value C1 [n0318] - the n further capacitors have a capacitance of value Cm [n0318]—reference to variable or tunable capacitors, where n is the number- Cm is substantially equal to C1 * 2(m-2) [Fig 30.]—depicts traces 3001, 3002, corresponding to maximum and minimum capacitance values and contained within the graph that help select capacitance values for maximum response and efficiency of the transmitter system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate, predict and track capacitance values as taught by Yeh to control energy delivery as suggested by Hastings, as Hastings discloses calculations of voltage delivered across cardiac tissue capacitance [0104] with Yeh because Yeh teaches the use a capacitance lookup algorithm to determine capacitance value to tune transmitter and receiver [n0317].
Claim(s) 10, 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hastings (U.S. 20090204170) in view of Kim (U.S. 20210244958).
Regarding Claim 10, Hastings teaches wherein the apparatus is operated in a pulsed manner [0026]—reference to vary a burst pulse duration of magnetic flux. Hastings is silent on wherein the electrical current flowing through the first branch represents a first half pulse and wherein the electrical current flowing through the second branch represents a second half pulse. Kim teaches wherein the electrical current flowing through the first branch represents a first half pulse and wherein the electrical current flowing through the second branch represents a second half pulse [Fig. 6, elements 617-624]—depicting first and second half pulses and [0087]-which describes the switching elements used to adjust output by turning the gate on and off between the main discharge circuit (interpreted to be the first branch) and the remaining circuits (second branch).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to define the pulse outputs in reference to the switching elements as taught by Kim to allow for adjustment of the output as suggested by Hastings, as Hastings discusses adjusting various aspects of the circuitry through tuning elements to achieve desired level of efficiency [0077] with Kim because Kim teaches the challenging nature of controlling adjusted output intensities for a single pulse [0063].
Regarding Claim 11, Hastings is silent on further comprising varying a total capacitance of the capacitor arrangement at a point in time which is one of: - during the first half pulse, - during the second half pulse, - between the first half pulse and the second half pulse, and - between the second half pulse and a subsequent pulse. Kim teaches further comprising varying a total capacitance of the capacitor arrangement at a point in time which is one of: - during the first half pulse(not required by the claim), - during the second half pulse (not required by the claim), - between the first half pulse and the second half pulse[0088; “the energy stored in the capacitance of the PFN is transmitted to a treatment coil, whereby operation is performed. Reference numeral 610 is a state without a delay time, reference numeral 617 is also a experiment waveform without a delay time, reference numeral 603 is 0, 1.5, 2.5 mS.”]—reference to Fig. 6 where the capacitance is varied between the first half and the second half of the waveform shown in elements 603 and 617, and - between the second half pulse and a subsequent pulse (not required by the claim).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to vary capacitance values as taught by Kim to specify and control portions of the pulse in relation to one another as suggested by Hastings, as Hastings discloses estimating desired stored energy for application to various electrostimulation pulses [0107] with Kim because Kim teaches the use of this principle to coincide with treatment and type of lesion [Fig. 10, element S1010].
Regarding Claim 12, Hastings further teaches wherein the total capacitance of the capacitor arrangement is varied such that a duration of the second half pulse is longer than a duration of the first half pulse [0116; “For the example of a pacing waveform described above, charge neutralization can be observed as a smaller amplitude negative-phase pulse of longer duration following the positive phase cardiac tissue electrostimulation pulse”].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Mashiach (U.S. 20180280694)-references magnetic generation through an implant unit and the circuitry involved.
-Hancock (U.S. 20130267943)-includes circuitry involved in delivering RF EM radiation.
-Parodi et al. A Pulse Generation Circuit for Studying Waveform Effects on Neurostimulation, electronics, 8, 1344, 2019. -Details circuitry for pulse generation related to Neurostimulation.
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/B.N.K./Examiner, Art Unit 3791
/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791