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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 November 2025 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 03 February 2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,642,530 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
The indicated allowability of claims 34 – 37 and 39 - 41 is withdrawn in view of further review. Rejections based on the newly cited reference(s) follow.
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 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) 34 – 37 and 39 - 41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naritoku et al. (US PGPUB 2002/0099418 – previously cited).
Regarding claims 34 – 37 and 39 – 41, claim 34 recites a system for modulating the plasticity and/or memory of the autonomic cardiac nervous system comprising one or more components for delivering energy to a nerve or ganglion of the autonomic cardiac nervous system, wherein the delivering of energy to a nerve or ganglion of the autonomic cardiac nervous system comprises producing scalable block of efferent projecting axons to the heart. The producing scalable block of efferent projecting axons to the heart is functional language. There is not a processor configured to deliver the energy to a nerve or ganglion of the autonomic cardiac nervous system, wherein the delivering of energy to a nerve or ganglion of the autonomic cardiac nervous system comprises producing scalable block of efferent projecting axons to the heart. Therefore, any pulse generator would be capable of delivering such an energy.
Naritoku teaches a system and method for altering the function or plasticity of a neural structure (e.g. paragraph 2) comprising, delivering energy to an autonomic neural structure (ganglion or nerve) (e.g. paragraphs 2); wherein the delivery of energy alters the function or plasticity of the neural structure during and beyond the delivery (e.g. paragraph 87). This reads on the claims as presently presented.
The dependent claims recite sensing electrodes, stimulating electrodes, and specify the types of energy, but do not add any structures that would be used to deliver the specific type of energy that produces scalable block of efferent projecting axons to the heart.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M DIETRICH whose telephone number is (571)270-1895. The examiner can normally be reached Mon - Fri 8:00-5:00.
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/JOSEPH M DIETRICH/Primary Examiner, Art Unit 3792
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