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 .
Claim Rejections - 35 USC § 102
Claim(s) 1-4,6,8 is/are rejected under 35 U.S.C. 102(a)(1),102(a)(2) as being anticipated by Gross (2013/0261693).
1. (Original) An apparatus comprising:
first circuitry configured to be implanted on or within a recipient’s body, the first circuitry configured to apply stimulation signals to at least one muscle of a recipient and/or to at least one neuron configured to control the at least one muscle; (see at least figure 2 which shows electrodes 42,44 and circuitry 46)
second circuitry configured to be implanted on or within the recipient’s body, the second circuitry configured to wirelessly receive electrical power from a power source external to the recipient’s body and to provide at least a portion of the received electrical power to the first circuitry, (see at least ¶105,106)
the second circuitry comprising a plurality of coils, each coil of the plurality of coils comprising at least one electrically conductive conduit encircling a center axis of the coil, the coils configured to be implanted on or within the recipient’s body with different orientations and/or positions relative to one another. (at least figure 2 shows a plurality of coils 48,50,52 indifferent orientations to each other. Further, the coils are considered to be conductive conduits that encircle a center axis since they are coiled cylindrically)
2. (Original) The apparatus of claim 1, wherein the first circuitry comprises at least one stimulation electrode configured to be implanted on or within the recipient’s body and to apply the stimulation signals to a portion of the tongue of the recipient and/or to a portion of a hypoglossal nerve of the recipient during a sleep session of the recipient. (see at least figure 2 which shows electrodes 42,44. Where the stimulation is applied is considered to be intended use, not a structural limitation. Further, ¶86 teaches stimulating the hypoglossal nerve)
3. (Original) The apparatus of claim 2, wherein the at least one stimulation electrode comprises a cuff electrode and/or a surface electrode, the at least one stimulation electrode configured to apply an electrical voltage and/or current to the portion of the hypoglossal nerve. (see at least ¶29,86)
4. (Currently Amended) The apparatus of claim 1, wherein the coils are configured to be implanted within a lower jaw region, an upper jaw region, and/or a neck region of the recipient’s body. (see at least figure 2)
6. (Currently Amended) The apparatus of claim 1, wherein the center axes of at least two coils of the plurality of coils are substantially perpendicular to one another. (see figure 2)
8. (Currently Amended) The apparatus of claim 1, wherein at least one coil of the plurality of coils is substantially cylindrical with a longitudinal axis that is parallel to and/or coincident with the center axis of the coil. (see figure 2)
Claim Rejections - 35 USC § 103
Claim(s) 5,7,12,14,16,17,18,19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gross (2013/0261693) and Deininger et al (2021/0121706).
5. (Currently Amended) The apparatus of claim 1, further comprising a plurality of power transmitting coils external to the recipient’s body, the plurality of power transmitting coils configured to generate a time-varying magnetic flux that extends through at least one coil of the plurality of coils, the at least one coil configured to respond to the time-varying magnetic flux by generating a time-varying electrical current. (Deininger teaches magnetic flux between a primary coil and a secondary coil, see at least ¶33. It would have been obvious to use such with the device of Gross since magnetic flux using coils is old and well known as an efficient method of power transfer)
7. (Currently Amended) The apparatus of claim 1, wherein at least one coil of the plurality of coils is substantially planar and perpendicular to the center axis of the coil. (at least figure 2 of Deininger teaches a planar secondary coil 22b. It would have been obvious to use planar coils for the coils of Gross since they are well known in the art and would allow for a more streamlined device)
12. (Original) A method comprising:
receiving a time-varying magnetic flux using at least one coil of a plurality of coils implanted on or within a recipient’s body, the coils having different orientations and/or positions relative to one another; (as mentioned supra, Gross teaches coils 48,50,52 that receive power, see at least figure 2 and ¶105,106. Deininger teaches magnetic flux between a primary coil and a secondary coil, see at least ¶33. It would have been obvious to use such with the device of Gross since magnetic flux using coils is old and well known as an efficient method of power transfer)
generating electrical power using the received time-varying magnetic flux; (as mentioned, Deininger teaches producing magnetic flux, ¶33)
generating stimulation signals using at least some of the electrical power; (see at least ¶105,106 of Gross)
applying the stimulation signals to at least one muscle of the recipient’s body and/or to at least one neuron configured to control the at least one muscle. (see at least ¶106 of Gross)
14. (Currently Amended) The method of claim 12, wherein each coil of the plurality of coils comprises at least one electrically conductive conduit encircling a center axis of the coil. (The coils 48,50,52 of Gross are considered to be conductive conduits that encircle a center axis since they are coiled cylindrically)
16. (Original) An apparatus comprising:
at least one implantable electrode configured to apply stimulation signals to at least one muscle of a recipient and/or to at least one neuron configured to control the at least one muscle; (see at least figure 2 which shows electrodes 42,44 and circuitry 46)
a plurality of implantable RF coils having different orientations and/or positions relative to one another, the plurality of implantable RF coils configured to wirelessly receive electrical power from an external power source; (see at least figure 2 and ¶105 of Gross. The coils 48,50,52 will receive Rf energy since RF is sent by the external device)
processor circuitry configured to provide at least a portion of the electrical power received by the plurality of implantable RF coils to the at least one implantable electrode. (at least ¶105 of Gross teaches circuitry 46 that enable power to be sent to electrodes for stimulation. Deininger teaches use of a processor, see at least ¶29,30. It would have been obvious to use a processor with the device of Gross since they are well known in the art to efficiently control application of stimulation)
17. — (Original) The apparatus of claim 16, further comprising at least one
capacitor configured to store at least a portion of the received electrical power, the processor circuitry further configured to selectively direct stored electrical power from the at least one capacitor to the at least one implantable electrode. (see at least ¶107 of Gross. It is considered to be obvious that the processor control the stimulation via the electrodes, which is well known in the art)
18. (Currently Amended) The apparatus of claim 16, wherein the at least one muscle comprises a portion of the tongue of the recipient and the at least one neuron comprises a portion of a hypoglossal nerve of the recipient. (see at least figure 2 which shows electrodes 42,44. Where the stimulation is applied is considered to be intended use, not a structural limitation. Further, ¶86 teaches stimulating the hypoglossal nerve)
19. (Currently Amended) The apparatus of claim 16, wherein at least one of the RF coils is substantially planar or substantially cylindrical and has a center axis that is substantially perpendicular to a center axis of at least one other of the RF coils. (see at least figure 2 of Gross which shows cylindrical coils)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gross (2013/0261693) and Deininger et al (2021/0121706), and further in view of Pitts (2002/0049479).
13. (Original) The method of claim 12, wherein the at least one muscle comprises at least one tongue muscle, said applying the stimulation signals performed during a sleep session of the recipient to treat obstructive sleep apnea. (Pitts is considered to more explicitly teach stimulating the tongue during sleep time, see at least ¶13,14. It would have been obvious to stimulate the tongue with the device of Gross since it would help treat sleep apnea in a predictable manner)
Allowable Subject Matter
Claims 9-11,15,20,21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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/Scott M. Getzow/Primary Examiner, Art Unit 3792