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 .
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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davie (USPN 2018/0184938).
Regarding claims 1, 13-15, method of determining a biopotential of deep layer muscles, comprising: arranging a plurality of electrodes on skin of a subject in a pattern corresponding, muscle tissue fibers of the subject ([0072]); electrically coupling a first subset of the plurality of electrodes to form a common reference node having a reference potential ([0072]); determining a plurality of bipotential signal differences for first electrodes of the plurality of electrodes that are not members of the first subset, including, for each of the plurality of first electrodes, determining a biopotential difference between a biopotential detected by each of the first electrodes and the reference potential ([0072], [0111]); and for each of the first electrodes, determining an extent of the biopotential difference attributable to at least one deep-layer muscle based on the plurality of biopotential differences ([0072], [0111]).
Regarding claim 2, electrically coupling a second subset of the plurality of electrodes to form a global common mode potential that provides common mode noise mitigation, wherein the second subset of the plurality of electrodes is separate from the first subset of the plurality of electrodes and separate from the first electrodes ([0072], [0094]-[0096]).
Regarding claim 3, the pattern is a two-dimensional array having a plurality of columns of the electrodes arranged in a first dimension parallel with the muscle tissue fibers and a plurality of rows of the electrodes arranged in a second dimension orthogonal to the first dimension (figure 3).
Regarding claim 4, the first subset of electrodes is one of the plurality of rows of electrodes (figure 3).
Regarding claim 5, storing in a first data structure, for each of the plurality of first electrodes, a value indicative of the extent of the biopotential difference attributable to the at least one deep-layer muscle ([0072], [0094]-[0096]).
Regarding claim 6, determining the plurality of biopotential signal differences for the first electrodes includes, for each of the plurality of first electrodes, determining a first biopotential difference between a first biopotential detected by the first electrode for a first period time and a first reference potential detected by the common reference node for the first period time and determining a second biopotential difference between a second biopotential detected by the first electrode for a second period time and a second reference potential detected by the common reference node for the second period time ([0072], [0094]-[0096]).
Regarding claim 7, determining the extent of the biopotential difference attributable to at least one deep-layer muscle for each of the plurality of first electrodes includes determining a difference between the first biopotential difference determined for the first electrode and the second biopotential difference determined for another of the first electrodes that is adjacent to the first electrode relative to other ones of the first electrodes ([0072], [0094]-[0096]).
Regarding claim 8, for each of the plurality of first electrodes, determining an extent of the biopotential difference attributable to at least one shallow-layer muscle based on the plurality of biopotential differences ([0072], [0094]-[0096]).
Regarding claim 9, storing in a first data structure, for each of the plurality of first electrodes, a first value indicative of the extent of the biopotential difference attributable to the at least one deep-layer muscle and a second value indicative of the extent of the biopotential difference attributable to 25 the at least one shallow-layer muscle ([0072], [0094]-[0096]).
Regarding claim 10, determining the extent of the biopotential difference attributable to at least one shallow-layer muscle includes, for at least one of the plurality of first electrodes, determining a first difference between a first of the plurality of biopotential differences determined for the first electrode and a second of the plurality of biopotential differences determined for a second electrode adjacent to the first electrode on a first side of the first electrode, determining a second difference between the first biopotential difference and a third of the plurality of biopotential differences determined for a third electrode adjacent to the first electrode relative to other first electrodes on a second side of the first electrode opposite the first side, and determining a third difference between the first difference and the second difference, wherein the third difference correlates to the extent of the biopotential difference attributable to at least one shallow-layer muscle for the at least one of the plurality of first electrodes ([0072], [0094]-[0096]).
Regarding claim 11, determining the reference potential and determining the biopotential difference for each of the first electrodes includes using differential amplifier circuitry ([0072], [0094]-[0096]).
Regarding claim 12, the biopotential signals are triggered by motoneurons ([0072], [0094]-[0096]).
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linderman et al. (USPN 2012/0172682).
Regarding claims 1, 13-15, method of determining a biopotential of deep layer muscles, comprising: arranging a plurality of electrodes on skin of a subject in a pattern corresponding, muscle tissue fibers of the subject ([0134]-[0139]); electrically coupling a first subset of the plurality of electrodes to form a common reference node having a reference potential ([0134]-[0139]); determining a plurality of bipotential signal differences for first electrodes of the plurality of electrodes that are not members of the first subset, including, for each of the plurality of first electrodes, determining a biopotential difference between a biopotential detected by each of the first electrodes and the reference potential ([0134]-[0139]); and for each of the first electrodes, determining an extent of the biopotential difference attributable to at least one deep-layer muscle based on the plurality of biopotential differences ([0134]-[0139]).
Regarding claim 2, electrically coupling a second subset of the plurality of electrodes to form a global common mode potential that provides common mode noise mitigation, wherein the second subset of the plurality of electrodes is separate from the first subset of the plurality of electrodes and separate from the first electrodes ([0134]-[0139]).
Regarding claim 3, the pattern is a two-dimensional array having a plurality of columns of the electrodes arranged in a first dimension parallel with the muscle tissue fibers and a plurality of rows of the electrodes arranged in a second dimension orthogonal to the first dimension ([0134]-[0139]).
Regarding claim 4, the first subset of electrodes is one of the plurality of rows of electrodes ([0134]-[0139]).
Regarding claim 5, storing in a first data structure, for each of the plurality of first electrodes, a value indicative of the extent of the biopotential difference attributable to the at least one deep-layer muscle ([0134]-[0139]).
Regarding claim 6, determining the plurality of biopotential signal differences for the first electrodes includes, for each of the plurality of first electrodes, determining a first biopotential difference between a first biopotential detected by the first electrode for a first period time and a first reference potential detected by the common reference node for the first period time and determining a second biopotential difference between a second biopotential detected by the first electrode for a second period time and a second reference potential detected by the common reference node for the second period time ([0134]-[0139]).
Regarding claim 7, determining the extent of the biopotential difference attributable to at least one deep-layer muscle for each of the plurality of first electrodes includes determining a difference between the first biopotential difference determined for the first electrode and the second biopotential difference determined for another of the first electrodes that is adjacent to the first electrode relative to other ones of the first electrodes ([0134]-[0139]).
Regarding claim 8, for each of the plurality of first electrodes, determining an extent of the biopotential difference attributable to at least one shallow-layer muscle based on the plurality of biopotential differences ([0134]-[0139]).
Regarding claim 9, storing in a first data structure, for each of the plurality of first electrodes, a first value indicative of the extent of the biopotential difference attributable to the at least one deep-layer muscle and a second value indicative of the extent of the biopotential difference attributable to 25 the at least one shallow-layer muscle ([0134]-[0139]).
Regarding claim 10, determining the extent of the biopotential difference attributable to at least one shallow-layer muscle includes, for at least one of the plurality of first electrodes, determining a first difference between a first of the plurality of biopotential differences determined for the first electrode and a second of the plurality of biopotential differences determined for a second electrode adjacent to the first electrode on a first side of the first electrode, determining a second difference between the first biopotential difference and a third of the plurality of biopotential differences determined for a third electrode adjacent to the first electrode relative to other first electrodes on a second side of the first electrode opposite the first side, and determining a third difference between the first difference and the second difference, wherein the third difference correlates to the extent of the biopotential difference attributable to at least one shallow-layer muscle for the at least one of the plurality of first electrodes ([0072], ([0134]-[0139]).
Regarding claim 11, determining the reference potential and determining the biopotential difference for each of the first electrodes includes using differential amplifier circuitry ([0134]-[0139]).
Regarding claim 12, the biopotential signals are triggered by motoneurons ([0072], [0094]-[0096]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARJAN FARDANESH/Primary Examiner, Art Unit 3791