DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-7) in the reply filed on 10/30/2025 is acknowledged.
Claims 8-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on10/30/2025.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Annoni et al (U.S. Patent Application Publication Number: US 2020/0030035 A1, hereinafter “Annoni”).
Regarding claims 1 and 6, Annoni teaches a neurostimulation system and an automated method of controllably delivering a neural stimulus to a patient comprising (e.g. Abstract, [0056]) comprising:
a neuromodulation device (e.g. Figs.1-3, [0055], [0056]: patient can be evaluated after the patient has been implanted and is receiving SCS therapy) for controllably delivering neural stimuli, the neuromodulation device comprising:
a plurality of implantable electrodes (e.g. 16 Fig.1)
a stimulus source (e.g. 10 Fig.1, [0004]) configured to deliver neural stimuli via one or more of the implantable electrodes to a neural pathway of a patient; and
a control unit configured to control the stimulus source to deliver each neural stimulus according to one or more stimulus parameters (e.g. [0004]-[008]);
a headset (e.g. 420, Fig.4, [0041], [0056]) configured to be worn by the patient and to display a virtual object to the patient;
one or more sensors configured to perceive a gesture of the patient (i.e. motion sensor e.g. 418 Fig. 10, [0042], [0043: motion sensor 418 to monitor movements of the patient's head or other body parts, one or more accelerometers or gyroscopes one or more of which may similarly be mounted to the headset 420 or worn by the patient.); and
an external computing device (i.e. CP system 200’ e.g. Fig. 4, [0041]-[0043]) comprising a processor in communication with the neuromodulation device, the headset, and the one or more sensors, the processor being configured to:
instruct the control unit to control the stimulus source to deliver a neural stimulus according to the one or more stimulus parameters (e.g. 604 Fig. 6, [0056], [0058]);
transmit the virtual object to the headset for display to the patient (e.g. 606 Fig. 6 [0048]: a virtual environment may depict objects moving toward the patient and may prompt the patient to attempt to dodge the objects, may prompt the patient to mimic an activity that is being performed by the person that is depicted in the virtual environment (Note: the virtual object is a virtual person depicted in the virtual environment as taught by Annoni. Applicant’s originally filed specification in paragraph [0083] also states that the patient’s body may be rendered as a virtual object referred to as an “avatar”), [0057]: patient is fitted with a headset and performs certain tasks, [0059]: virtual environment is presented to the patient via the headset);
receive information indicative of a gesture of the patient from the one or more sensors (e.g.606 Fig. 6 [0059]: virtual environment is presented to the patient via the headset and physiological data is received from the sensors at the CP system 200’, [0061]); and
convert the information indicative of the gesture to a manipulation of the virtual object (e.g. [0061]: The virtual environment may utilize motion sensor data to present an image of the patient's movements as the patient attempts to mimic the activities that are being performed by the person that is depicted in the virtual environment).
Regarding claims 2 and 7, Annoni teaches the virtual object is a virtual control object (e.g. [0048]: a virtual environment may depict objects moving toward the patient and may prompt the patient to attempt to dodge the objects, may prompt the patient to mimic an activity that is being performed by the person that is depicted in the virtual environment and so in Annoni the virtual person is considered as a virtual control object. Applicant’s originally filed specification in paragraph [0083] states that the patient’s body may be rendered as a virtual object referred to as an “avatar”), and the processor is further configured to:
adjust a stimulus parameter of the one or more stimulus parameters based on the manipulation of the virtual control object; and instruct the control unit to control the stimulus source to deliver a neural stimulus according to the adjusted stimulus parameter (e.g. abstract: Stimulation settings for already-implanted patients may be adjusted while presenting a virtual or augmented environment to the patient, with objective measurements being determined for each stimulation setting which can then be used to determine optimal stimulation settings, [0063]: optimal stimulation settings associated with the highest therapeutic efficacy score are determined and communicated to the patient's neurostimulator.)
Regarding claim 3, Annoni teaches that the processor is further configured to transmit the adjusted stimulus parameter to the neuromodulation device (e.g. [0063]: after the optimal stimulation settings are determined, they may be communicated to the patient's neurostimulator).
Regarding claim 4, Annoni teaches the virtual object is a virtual human body and the processor is further configured to: convert the manipulation of the virtual human body to feedback about a sensation experienced by the patient in response to the neural stimuli being delivered by the stimulus source (e.g. [0060]: images of pain and stimulation may be presented on an avatar or another image of a person, and the images may be adjusted as the stimulation settings and the physiological data change).
Regarding claim 5, Annoni teaches the processor is further configured to: determine one or more therapy parameters based on the feedback ([0060]: images of pain and stimulation may be presented on an avatar or another image of a person, and the images may be adjusted as the stimulation settings and the physiological data change); and
transmit the one or more therapy parameters to the neuromodulation device (e.g. [0063]: after the optimal stimulation settings are determined, they may be communicated to the patient's neurostimulator).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALLIKA DIPAYAN FAIRCHILD whose telephone number is (571)270-7043. The examiner can normally be reached Monday- Friday 8 am-5pm EST.
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/MALLIKA D FAIRCHILD/Primary Examiner, Art Unit 3792