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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because:
-Line 29 contains reference to “(Fig. 32)” which the examiner recommends deletion.
-The word count exceeds the 150 word limit.
-Punctuation is missing between clauses a) through c) (lines 18, 24). Examiner recommends adding punction such as a semicolon following this phrase in addition to transitional phrasing such as “and” or “or”.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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, 3, 4, 6, 7, 12, 13 are objected to because of the following informalities:
-Claim 1 recites “means of” in lines 15, and 25. Examiner recommends deletion of this recitation.
-Claim 1 recites “in a first manner so as to” in line 6. Examiner recommends amending to –to—
-Claim 1 recites “in a second manner so as to” in lines 8-9. Examiner recommends amending to –to—
-Claim 1 recites “the first polarity” in line 2. Examiner recommends adding punctuation following this statement. Should possibly read –the first polarity;--
-Claim 1 recites “the first polarity” in lines 9-10. Examiner recommends adding punctuation and transitional phrasing following this statement. Should possibly read –the first polarity; or –
-Claim 2 recites “wherein the charging circuit” in line 18. Examiner recommends amending to –and wherein the charging circuit—
-Claim 3 recites “wherein the absolute” in line 27. Examiner recommends amending to –and wherein the absolute—
-Claim 4 recites “wherein a net charge—in line 13. Examiner recommends amending to –and wherein a net charge—
-Claim 6 recites “wherein the forward direction” in lines 25-26. Examiner recommends amending to –and wherein the forward direction—
-Claim 7 recites “means of” in line 4. Examiner recommends deletion of this recitation.
-Claim 7 recites “in particular of the stated order” in lines 29-30. Examiner recommends deletion of this recitation.
-Claim 12 recites “wherein the second voltage” in line 10. Examiner recommends amending to –and wherein the second voltage—
-Claim 13 recites “means of” in lines 26, and 5. Examiner recommends deletion of this recitation.
-Claim 13 recites “the first polarity” in line 15. Examiner recommends adding punctuation following this statement. Should possibly read –the first polarity;--
-Claim 13 recites “the first polarity” in lines 22-23. Examiner recommends adding punctuation and transitional phrasing following this statement. Should possibly read –the first polarity; or--
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.
-Claims 5 and 10 recite “at least one controller” which is a generic placeholder. There is no sufficient structure for this limitation provided in the claims. The function of this limitation is to control the charging of the at least once capacitor selectively. According to the specification the first switching device includes a (analog) circuitry [Pg. 37, lines 10-11] 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 1-13 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 8. 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 5. It is unclear what arrangement implies in terms of the requirements of this limitation. Further clarification should be provided.
-Claim 1 recites “caused by the electrical energy stored” in line 14. It is unclear what the recitation “caused by” entails in terms of what is being caused. Further clarification should be provided.
-Claim 1 recites “preferably” in line 19. 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 23-24. It is unclear whether this is the same electrical current originally referenced in claim 1, line 13.
-Claim 1 recites “ a switching 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 “in particular” in line 3. 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 2 recites “the beginning” in line 20. There is insufficient antecedent basis for this limitation in the claim.
-Claim 3 recites “in particular” in lines 28, 29, and 30. It is unclear whether the limitations following this language are required by the claim.
-Claim 4 recites “in particular” in lines 11, 12, 13, 14. It is unclear whether the limitations following this language are required by the claim.
-Claim 4 recites “the second inductor” in line 34. There is insufficient antecedent basis for this limitation in the claim.
-Claim 6 recites “electrical current” in lines 23-24. It is unclear whether this is the same electrical current originally referenced in claim 1, line 13.
-Claim 6 recites “in particular” in line 22. It is unclear whether the limitations following this language are required by the claim.
-Claim 7 recites “electrical current” in line 7. It is unclear whether this is the same electrical current originally referenced in claim 1, line 13.
-Claim 9 recites “enabling the electrical current to flow between the at least one capacitor and the inductor” in lines 17-18. There is insufficient antecedent basis for this limitation in the claim.
-Claim 10 recites “one or more, in particular all, of:” in lines 23-24. It is unclear whether one or more, all of or a certain combination of the limitations following this language are required by the claim.
-Claim 10 recites “in particular” in lines 1-2. It is unclear whether the limitations following this language are required by the claim.
-Claim 11 recites “in particular” in lines 3-4. It is unclear whether the limitations following this language are required by the claim.
-Claim 12 recites “a second voltage source” in line 9. It is unclear whether this is the same or different from the second voltage source originally referenced in claim 1, line 32.
-Claim 12 recites “in particular” in lines 9-10. It is unclear whether the limitations following this language are required by the claim.
-Claim 13 recites “a magnetic field for application to body tissue” in lines 18-19. It is unclear whether or not this is the same as the original magnetic field for application to body tissue originally referenced in claim 13, lines 13-14.
-Claim 13 recites “capacitor arrangement” in line 5. It is unclear what arrangement implies in terms of the requirements of this limitation. Further clarification should be provided.
-Claim 13 recites “preferably” in line 31. 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 13 recites “electrical current” in line 2. It is unclear whether this is the same electrical current originally referenced in claim 13, line 24.
-Claim 13 recites “caused by the electrical energy stored” in line 4. It is unclear what the recitation “caused by” entails in terms of what is being caused. Further clarification should be provided.
-Claim 13 recites “in particular” in line 16. It is unclear whether the limitations following this language are required by the claim.
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.
Claim(s) 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buddha (WO 2021067873).
Regarding Claim 1, Buddha teaches an apparatus for generating a magnetic field for application to body tissue, [0108; “deliver stimulation energy to the tissue of the spinal cord” and “delivered energy can comprise…magnetic energy”]
the apparatus comprising: a capacitor arrangement comprising at least one capacitor for storing electrical energy [0181]—reference to capacitors as energy storage assemblies in singularity or as an assembly;
a charging circuit for electrically charging the at least one capacitor [0141]—reference to power supply having charging circuitry configured to recharge a component of the apparatus;
an inductor for generating a magnetic field for application to body tissue [0177]-references to an inductor;
connecting circuitry between the capacitor arrangement and the inductor [0177; “connected in parallel and driven from the same feed point; driven from the same feed point and connected using one or more of a capacitor, inductor, varactor, and combinations of one or more of these; and/or driven from multiple feed points.”], wherein the connecting circuitry comprises at least a first branch and a second branch [Fig. 31B, elements 260a and 260b depict separate branches];
a first switching device [Fig. 31B, element Si], wherein the first switching device forms part of the first branch [Fig. 31B, element Si connects 260a and 260b], 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 [0541; “In Fig. 28B, implantable device 200 is in a stimulation phase with current source CSi providing current, switch Si open, and current flowing in the direction shown, through capacitor CDCB and tissue Ti. During this stimulation phase, charge accumulates in tissue Ti.”], caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field [0530], wherein the electrical current flowing through the first branch represents a first current direction of current flow between the capacitor arrangement and the inductor [0528]—reference to description of current path and stimulation phase;
an electric component or assembly of electric components, preferably an electronic component or assembly of electronic components [0198], wherein the electric component or assembly of electric components forms part of the second branch [0198]—reference to a diode-capacitor ladder, interpreted to be the electric component base on the disclosure found in the specification, wherein the electric component or assembly of electric components is configured to electrically connect the capacitor arrangement to the inductor in order to enable electrical current to flow through the second branch and through the inductor [0198; “For maximum efficiency, the rectification elements, such as diodes, can be optimized to minimize forward conduction and/or reverse conduction losses by properly sizing the components and selecting appropriate number of stages based on the input RF voltage and load current.”] , caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field [0108] and [0177], wherein the electrical current flowing through the second branch represents a second current direction of current flow between the capacitor arrangement and the inductor [0549; “Alternatively or additionally, charge recovery can be achieved by passive means (e.g. one or more stimulation-delivering electrodes, stimulation elements 260, are allowed to simply discharge into tissue,”]-with the discharge into tissue achieved by the inductor according to [0108] and [0177], the second current direction being opposite the first current direction [0549; “in opposite direction to the stimulation pulse”];
and wherein the charging circuit comprises a first voltage source [0108]—describes current and/or voltage applied to tissue and [Fig. 28B, element VDD], and wherein at least one of the following applies:
a) the charging circuit comprises a second voltage source, wherein the first voltage source is arranged to charge the at least one capacitor with a first polarity and the second voltage source is arranged to charge the at least one capacitor with a second polarity opposite the first polarity (not required per the claim limitations)
b) the charging circuit comprises a switching arrangement, in particular a switching arrangement comprising a H-bridge, wherein the switching arrangement is arranged to electrically connect the first voltage source to the capacitor arrangement in a first manner so as to charge the at least one capacitor with a first polarity, and wherein the switching arrangement is arranged to electrically connect the first voltage source to the capacitor arrangement in a second manner so as to charge the at least one capacitor with a second polarity opposite the first polarity (not required per the claim limitations)
c) the charging circuit comprises a supplementary capacitor [Fig. 28B, elements Ci and CDCB] where CDCB is interpreted to be the supplementary capacitor, wherein the first voltage source [Fig. 28B, element VDD] is arranged to charge the at least one capacitor with a first polarity and the supplementary capacitor is arranged to charge the at least one capacitor with a second polarity opposite the first polarity [0540-0541]—describes various current and voltage flows through capacitors Ci and CDCB] and [0602]—reference to pulses having opposite polarity.
Regarding Claim 2, Buddha teaches wherein the apparatus is arranged to be operated in a pulsed manner resulting in at least one current pulse in the inductor having a first half pulse and a second half pulse [Fig. 33A, elements “area 1” and “area 2”], wherein the charging circuit is arranged to electrically charge the at least one capacitor with the first polarity before, or at the beginning of, the first half pulse, and the charging circuit is arranged to electrically charge the at least one capacitor with the second polarity before, or at the beginning of, the second half pulse [0188; “Controller 250 can integrate current over time during a first phase in which stimulation energy is delivered, and during a second phase in which a reverse current is applied (e.g. a reverse current used to balance charge). Controller 250 can be configured to balance the total charge in the two phases, to ensure that the net DC current is approximately zero. The integration can be achieved using an analog integrator and/or a digital summer of controller 250, with controller 250 keeping track of one or more parameters of the pulses delivered ( e.g. pulses delivered within a train or a burst).”]
Regarding Claim 3, Buddha teaches wherein the charging circuit is arranged to electrically charge the at least one capacitor with the first polarity to reach a first voltage [0188; “An ADC can be used to sense the voltage on the capacitor at the end of a stimulation pulse. After the stimulation pulse, the capacitor can be discharged and the polarity of the stimulation current can be reversed and set to any amplitude until the capacitor is charged to approximately the same voltage (according to the ADC precision) as it was charged during the stimulation pulse.”], and the charging circuit is arranged to electrically charge the at least one capacitor with the second polarity to reach a second voltage [0188], wherein the absolute values of the first and second voltages differ from one another by at most 10%, in particular by at most 5%, in particular by at most 3%, in particular by at most 2%, in particular by at most 1% [0188]—reference to error in charge balance being on the order of 0.001% to 0.01% which falls under all claimed ranges recited.
Regarding Claim 4, Buddha teaches wherein, when the inductor is brought into proximity with the body tissue, or when the body tissue is brought into proximity with the second inductor [0245]—reference to sufficient proximity to target tissue to be stimulated and “This implantation position-optimizing procedure can advantageously reduce the required stimulation energy due to stimulation elements 260 being closer to target tissue, since a minimum threshold for efficacious stimulation amplitude is proportional to the proximity of stimulation elements 260 to target tissue (e.g. target nerves).”], a first magnetic field is present in said body tissue during the first half pulse resulting in a first displacement of charges in the body tissue [0108-0109]—reference to applying magnetic fields to tissue and characteristics of the stimulation signal including pulse width which is interpreted to mean a change in charge applied to body tissue, and a second magnetic field is present in said body tissue during the second half pulse resulting in a second displacement of charges in the body tissue [0108; “Delivered energy can be supplied in one or more stimulation waveforms, each waveform comprising one or more pulses of energy, as described in detail here below”], the first displacement of charges and the second displacement of charges being oriented in substantially opposite directions [Fig. 33A, elements “area 1” and “area 2”],
wherein the charging circuit is arranged to electrically charge the at least one capacitor with the first polarity to reach a first voltage [0188], and the charging circuit is arranged to electrically charge the at least one capacitor with the second polarity to reach a second voltage [0188], wherein the absolute values of the first and second voltages are such that the absolute values of the first displacement of charges and of the second displacement of charges differ from one another by at most 10%, in particular by at most 5%, in particular by at most 3%, in particular by at most 2%, in particular by at most 1%, in particular wherein a net charge displacement in the body tissue resulting from the first and second half pulses is substantially zero [0188]—reference to error in charge balance being on the order of 0.001% to 0.01% which falls under all claimed ranges recited with charge balance being interpreted to mean change in charge and voltage value.
Regarding Claim 5, Buddha teaches wherein the apparatus further comprises at least one controller or analog circuitry arranged to control the charging of the at least one capacitor selectively with the first and second polarities [0512; “In some embodiments, controller 250 comprises a dynamic receiver. The dynamic receiver can include a dynamic mechanism for threshold and polarity.” And “The receiver can be configured to determine thresholds of width of pulses, and/or polarity of pulses, dynamically.”] and [0188; “while controller 250 keeps track of the number of times the capacitor has been charged and reset.”]
Regarding Claim 7, Buddha teaches a method of generating a magnetic field [0108; “deliver stimulation energy to the tissue of the spinal cord” and “delivered energy can comprise…magnetic energy”], the method comprising, in particular in the stated order: providing an apparatus according to claim 1 (see rejection regarding claim 1); charging the at least one capacitor with the first polarity [0188; “After the stimulation pulse, the capacitor can be discharged and the polarity of the stimulation current can be reversed and set to any amplitude, until the capacitor is charged. After the stimulation pulse, the capacitor can be discharged and the polarity of the stimulation current can be reversed and set to any amplitude, until the capacitor is charged”]; 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 [0540-0541]—describes various current and voltage flows through capacitors Ci and CDCB] and [0602]—reference to pulses having opposite polarity.”], caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field [0530]; charging the at least one capacitor with the second polarity [0309]—reference to opposite polarity pulse; and enabling electrical current to flow between the capacitor arrangement and the inductor through the second branch via said electric component or assembly of electric components [0549; “Alternatively or additionally, charge recovery can be achieved by passive means (e.g. one or more stimulation-delivering electrodes, stimulation elements 260, are allowed to simply discharge into tissue,”]-with the discharge into tissue achieved by the inductor according to [0108] and [0177].
Regarding Claim 8, Buddha teaches further comprising operating the apparatus in a pulsed manner [Fig. 33A, elements “area 1” and “area 2”], 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, the first half pulse and the second half pulse together forming a pulse [0188; “Controller 250 can integrate current over time during a first phase in which stimulation energy is delivered, and during a second phase in which a reverse current is applied (e.g. a reverse current used to balance charge). Controller 250 can be configured to balance the total charge in the two phases, to ensure that the net DC current is approximately zero. The integration can be achieved using an analog integrator and/or a digital summer of controller 250, with controller 250 keeping track of one or more parameters of the pulses delivered ( e.g. pulses delivered within a train or a burst).”]
Regarding Claim 9, Buddha teaches wherein enabling the electrical current to flow between the at least one capacitor and the inductor through the second branch via said electric component or assembly of electric components comprises enabling the electrical current to flow through the second branch after a delay after an end of the first half pulse [0539]—describes a delay separating different areas or evenly space mode].
Regarding Claim 10, Buddha teaches further comprising controlling one or more, in particular all, of:
- charging the at least one capacitor with the first polarity; [0188; “After the stimulation pulse, the capacitor can be discharged and the polarity of the stimulation current can be reversed and set to any amplitude, until the capacitor is charged. After the stimulation pulse, the capacitor can be discharged and the polarity of the stimulation current can be reversed and set to any amplitude, until the capacitor is charged”]
- switching the first switching device so as to electrically connect the capacitor arrangement to the inductor; [0540-0541]—describes various current and voltage flows through capacitors Ci and CDCB] and [0602]—reference to pulses having opposite polarity.”]
- charging the at least one capacitor with the second polarity; [0309]—reference to opposite polarity pulse, and
- enabling the electrical current to flow through the second branch using at least one controller or analog circuitry [0549; “Alternatively or additionally, charge recovery can be achieved by passive means (e.g. one or more stimulation-delivering electrodes, stimulation elements 260, are allowed to simply discharge into tissue,”]-with the discharge into tissue achieved by the inductor according to [0108] and [0177].
Regarding Claim 11, Buddha teaches wherein, when at least c) applies, the method further comprises charging the supplementary capacitor before an end of the first half pulse[Fig. 28B, elements Ci and CDCB]—where CDCB is interpreted to be the supplementary capacitor, in particular one or both of before the first half pulse and during the first half pulse [0188; “Controller 250 can integrate current over time during a first phase in which stimulation energy is delivered, and during a second phase in which a reverse current is applied (e.g. a reverse current used to balance charge). Controller 250 can be configured to balance the total charge in the two phases, to ensure that the net DC current is approximately zero. The integration can be achieved using an analog integrator and/or a digital summer of controller 250, with controller 250 keeping track of one or more parameters of the pulses delivered ( e.g. pulses delivered within a train or a burst).”]; and causing the supplementary capacitor to charge the at least one capacitor after the first half pulse [0188; “An ADC can be used to sense the voltage on the capacitor at the end of a stimulation pulse. After the stimulation pulse, the capacitor can be discharged and the polarity of the stimulation current can be reversed and set to any amplitude, until the capacitor is charged to approximately the same voltage (according to the ADC precision) as it was charged during the stimulation pulse.”]—referencing specifically charging after the first half pulse.
Regarding Claim 13, Buddha teaches an apparatus for use with an inductor for generating a magnetic field for application to body tissue [0108; “deliver stimulation energy to the tissue of the spinal cord” and “delivered energy can comprise…magnetic energy”] and [0177]-references to an inductor,
the apparatus comprising: a capacitor arrangement comprising at least one capacitor for storing electrical energy [0181]—reference to capacitors as energy storage assemblies in singularity or as an assembly;
a charging circuit for electrically charging the at least one capacitor [0141]—reference to power supply having charging circuitry configured to recharge a component of the apparatus;
a terminal for connection to the inductor for generating a magnetic field for application to body tissue [0530; “output terminal and the corresponding stimulation element 260 (tissue connection)”];
connecting circuitry between the capacitor arrangement and the terminal [0177; “connected in parallel and driven from the same feed point; driven from the same feed point and connected using one or more of a capacitor, inductor, varactor, and combinations of one or more of these; and/or driven from multiple feed points.”] and 0530; “single set of discharge switches”]—defines connecting circuitry, wherein the connecting circuitry comprises at least a first branch and a second branch [Fig. 31B, elements 260a and 260b depict separate branches];
a switching device [Fig. 31B, element Si], wherein the switching device forms part of the first branch [Fig. 31B, element Si connects 260a and 260b], wherein the switching device is configured to electrically connect the capacitor arrangement to the 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 [0541; “In Fig. 28B, implantable device 200 is in a stimulation phase with current source CSi providing current, switch Si open, and current flowing in the direction shown, through capacitor CDCB and tissue Ti. During this stimulation phase, charge accumulates in tissue Ti.”], caused by the electrical energy stored by means of the capacitor arrangement [0530], thereby causing the inductor to generate the magnetic field, wherein the electrical current flowing through the first branch represents a first current direction of current flow between the capacitor arrangement and the terminal [0528]—reference to description of current path and stimulation phase;
and an electric component or assembly of electric components, preferably an electronic component or assembly of electronic components [0198], wherein the electric component or assembly of electric components forms part of the second branch [0198]—reference to a diode-capacitor ladder, interpreted to be the electric component base on the disclosure found in the specification, wherein the electric component or assembly of electric components is configured to electrically connect the capacitor arrangement to the terminal so as to enable electrical current to flow through the second branch and through the inductor via said terminal when the inductor is connected to the apparatus via said terminal [0198; “For maximum efficiency, the rectification elements, such as diodes, can be optimized to minimize forward conduction and/or reverse conduction losses by properly sizing the components and selecting appropriate number of stages based on the input RF voltage and load current.”], caused by the electrical energy stored by means of the capacitor arrangement, thereby causing the inductor to generate the magnetic field [0108] and [0177], wherein the electrical current flowing through the second branch represents a second current direction of current flow between the capacitor arrangement and the terminal [0549; “Alternatively or additionally, charge recovery can be achieved by passive means (e.g. one or more stimulation-delivering electrodes, stimulation elements 260, are allowed to simply discharge into tissue,”]-with the discharge into tissue achieved by the inductor according to [0108] and [0177], wherein the second current direction of current flow is opposite the first current direction of current flow [0549; “in opposite direction to the stimulation pulse”];
wherein the charging circuit comprises a first voltage source [0108]—describes current and/or voltage applied to tissue and [Fig. 28B, element VDD] and wherein at least one of the following applies:
a) the charging circuit comprises a second voltage source, wherein the first voltage source is arranged to charge the at least one capacitor with a first polarity and the second voltage source is arranged to charge the at least one capacitor with a second polarity opposite the first polarity (not required per the claim limitations)
b) the charging circuit comprises a switching arrangement, in particular a switching arrangement comprising a H-bridge, wherein the switching arrangement is arranged to electrically connect the first voltage source to the capacitor arrangement in a first manner so as to charge the at least one capacitor with a first polarity, and wherein the switching arrangement is arranged to electrically connect the first voltage source to the capacitor arrangement in a second manner so as to charge the at least one capacitor with a second polarity opposite the first polarity (not required per the claim limitations)
c) the charging circuit comprises a supplementary capacitor [Fig. 28B, elements Ci and CDCB]—where CDCB is interpreted to be the supplementary capacitor, wherein the first voltage source [Fig. 28B, element VDD] is arranged to charge the at least one capacitor with a first polarity and the supplementary capacitor is arranged to charge the at least one capacitor with a second polarity opposite the first polarity [0540-0541]—describes various current and voltage flows through capacitors Ci and CDCB] and [0602]—reference to pulses having opposite polarity.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buddha (WO 2021067873) in view of Kim (KR 100457104).
Regarding Claim 6, Buddha is silent on wherein the electric component or assembly of electric components comprises a second switching device for electrically connecting the capacitor arrangement to the inductor in a selective manner, in particular under the control of the at least one controller or the analog circuitry, or wherein the electric component or assembly of electric components is arranged to conduct electrical current primarily in a forward direction, wherein the forward direction corresponds to the second current direction of current flow between the capacitor arrangement and the inductor. Kim teaches wherein the electric component or assembly of electric components comprises a second switching device for electrically connecting the capacitor arrangement to the inductor in a selective manner, in particular under the control of the at least one controller or the analog circuitry (Figs. 1 and 2, elements S1 and S2 (second switches) and S1’ and S2’ (thyristors), 200 (discharge part/controller)],
or wherein the electric component or assembly of electric components is arranged to conduct electrical current primarily in a forward direction, wherein the forward direction corresponds to the second current direction of current flow between the capacitor arrangement and the inductor [88]—describes directions of current flow in reference to voltages of the capacitor and corresponding polarities.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate multiple electric components in the circuit as taught by Kim to control direction of current flow as suggested by Buddha, as Buddha discusses the use of multiplexors to achieve this result [0528] with Kim because Kim teaches the use of these elements to discharge the coil and avoid overcurrent [88].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buddha (WO 2021067873) in view of Donofrio (U.S. 20100114258).
Regarding Claim 12, Buddha is silent on wherein charging the supplementary capacitor comprises charging the supplementary capacitor with a second voltage source, in particular wherein the second voltage source has a smaller output power than the first voltage source. Donofrio teaches wherein charging the supplementary capacitor comprises charging the supplementary capacitor with a second voltage source [0132]—references capacitors, charging the capacitors with the power source and output of the isolation circuit, in particular wherein the second voltage source has a smaller output power than the first voltage source [0109; “For example, in some aspects, cardiac module 82 and neuro module 84 may need a voltage that is greater than or less than the voltage generated by power source 96. In such examples, voltage regulator 98A and 98B regulate the voltage generated by power source 96 to the appropriate level desired by cardiac module 82 and neuro module 84. In some aspects, voltage regulator 98A and 98B may not be necessary.”]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the second voltage source to charge the supplementary capacitor to output smaller output power as taught by Donofrio to adjust power transmission as suggested by Buddha, as Buddha monitoring and adjust power to optimize rectifier efficiency to improve efficiency of the apparatus [0145] with Donofrio because Donofrio teaches certain implementations of the device that require voltage regulation to appropriate levels for application [0109].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Weyh (WO 2013131639)-focuses on the charging circuit for applying magnetic energy to body tissue
-Nassif (U.S. 20170216609)-includes relevant structural elements (capacitors, switches, sources) relevant to the instant application
-Xie (CN 107362450 A)-references circuitry related to a Transcranial Magnetic Stimulation device
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/B.N.K./Examiner, Art Unit 3791
/CHRISTINE H MATTHEWS/Primary Examiner, Art Unit 3791