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 .
Response to Arguments
Applicant’s arguments, see page 8, filed 2 February 2026, with respect to the rejection(s) of claim(s) 1-20 under U.S.C. 112 and U.S.C 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references. Prior art found in Tucker (U.S. PGPub 2015/0044969) teaches wireless communication between elements coupled to the body which transfers signals to other body couple elements through the body using radiofrequency waves, as described in the instant application. Therefore, a new rejection, under U.S.C. 103, has been made.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouton et al. (hereinafter ‘Bouton’, U.S. PGPub No. 2015/0290451) in view of Tucker (U.S. PGPub 2015/0044969).
In regards to claim 1, Bouton discloses a method comprising coupling a first EEG coupler/transceiver to a person's scalp, wherein the first EEG coupler/transceiver comprises a first EEG electrode and a first EEG body communication coupler ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array...In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104."), coupling a first activator coupler/transceiver to the person's body, wherein the first activator coupler/transceiver comprises a first muscle activator and a first activator body communication coupler ([0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.", where sensor 102 is analogous to EEG coupler/transceiver and neuromuscular stimulation cuff 110 is analogous to activator coupler/transceiver), receiving a first brain wave from the person's brain by the first EEG coupler/transceiver ([0036]: "The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities."), transmitting a first signal, based on the received first brain wave, from the first EEG body communication coupler of the first EEG coupler/transceiver to the first activator body communication coupler of the first activator coupler/transceiver ([0036]: "In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110."), and stimulating a first muscle of the person's body with the first muscle activator of the first activator coupler/transceiver at least partially based on the first signal ([0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
However, Bouton does not disclose transmitting a signal through the person's body.
Tucker teaches a wireless transmission system that transmits signals and data through a person’s body ([0043]: "Data may be capacitively coupled between the base unit coupling element 106 and the mobile unit coupling element 1112 through the user's body 114 using, for example but is not limited to, a low-frequency Amplitude Shift Key (ASK) format whenever the user's body 114 and the base unit coupling element 106 are proximate to each another. ", [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use body communication couplers and body coupled transceivers which communicate through the body, as taught by Tucker, as doing so would use the natural conductivity of the human body as a medium for conducting wireless RF signals to transmit information from one part of the device to another ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices."). This amounts to a simple substitution of one know form of communication for another to obtain predictable results.
In regards to claim 2, Bouton/Tucker combination describes the invention substantially as described in claim 1.
Bouton further discloses coupling a second EEG coupler/transceiver to a person's scalp, wherein the second EEG coupler/transceiver comprises a second EEG electrode and a second EEG body communication coupler and receiving a second brain wave from the person's brain by the second EEG coupler/transceiver ([0036]: "The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array.").
In regards to claim 3, Bouton/Tucker combination describes the invention substantially as described in claim 2.
Bouton further discloses coupling a second activator coupler/transceiver and a EEG coupler/transceiver to the person's body and transmitting a second signal from the second EEG body communication coupler of the second EEG coupler/transceiver to the second activator body communication coupler of the second activator coupler/transceiver, and stimulating a second muscle of the person's body with the second muscle activator of the second activator coupler/transceiver based at least partially on the second signal. ([0036]: "In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.", [0064]: "With reference to FIG. 18, a patient's arm including damaged or degenerative neuromuscular region 1020 is placed over two neuromuscular cuff devices 1010 according to the embodiment of FIG. 14.", see [0065] - [0066]).
Tucker teaches a wireless transmission system that transmits signals and data through a person’s body ([0043]: "Data may be capacitively coupled between the base unit coupling element 106 and the mobile unit coupling element 1112 through the user's body 114 using, for example but is not limited to, a low-frequency Amplitude Shift Key (ASK) format whenever the user's body 114 and the base unit coupling element 106 are proximate to each another. ", [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use body communication couplers and body coupled transceivers which communicate through the body, as taught by Tucker, as doing so would use the natural conductivity of the human body as a medium for conducting wireless RF signals to transmit information from one part of the device to another ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 4, Bouton/Tucker combination describes the invention substantially as described in claim 2.
Bouton further discloses a second EEG body communication coupler transmitting a signal to the first activator body communication coupler through the person’s body and stimulating a first muscle of the person's body with the first muscle activator of the first activator coupler/transceiver at least partially based on the first and second signals. ([0036]: "In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
Tucker teaches a wireless transmission system that transmits signals and data through a person’s body ([0043]: "Data may be capacitively coupled between the base unit coupling element 106 and the mobile unit coupling element 1112 through the user's body 114 using, for example but is not limited to, a low-frequency Amplitude Shift Key (ASK) format whenever the user's body 114 and the base unit coupling element 106 are proximate to each another. ", [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use body communication couplers and body coupled transceivers which communicate through the body, as taught by Tucker, as doing so would use the natural conductivity of the human body as a medium for conducting wireless RF signals to transmit information from one part of the device to another ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 5, Bouton/Tucker combination describes the invention substantially as described in claim 2.
Bouton further discloses transmitting a second signal from the second EEG coupler/transceiver to the first EEG coupler/transceiver ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array. The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities. Neural signals include electrical signals produced by neural activity in the nervous system including action potentials, multi-unit activity, local field potential, ECoG, and EEG. These neural signals are sent wirelessly or, alternatively, through a wired connection, from the cortical implant 102 to a receiver on a neural signal processor device 104 for processing of the neural signals.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
Tucker teaches a wireless transmission system that transmits signals and data through a person’s scalp or body ([0043]: "Data may be capacitively coupled between the base unit coupling element 106 and the mobile unit coupling element 1112 through the user's body 114 using, for example but is not limited to, a low-frequency Amplitude Shift Key (ASK) format whenever the user's body 114 and the base unit coupling element 106 are proximate to each another. ", [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use body communication couplers and body coupled transceivers which communicate through the body, as taught by Tucker, as doing so would use the natural conductivity of the human body as a medium for conducting wireless RF signals to transmit information from one part of the device to another ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 6, Bouton/Tucker combination describes the invention substantially as described in claim 2.
Bouton further discloses transmitting, based on the second brain wave, a second signal from the second EEG body communication coupler of the second EEG coupler/transceiver ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array. The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities. Neural signals include electrical signals produced by neural activity in the nervous system including action potentials, multi-unit activity, local field potential, ECoG, and EEG. These neural signals are sent wirelessly or, alternatively, through a wired connection, from the cortical implant 102 to a receiver on a neural signal processor device 104 for processing of the neural signals.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
Tucker further teaches scheduling transmitting the first signal and transmitting the second signal ([0066]: "As a result, when doing a broadcast from a manager unit 762 any slave units 764 within range will attempt to respond and their responses may be synchronized. By using this method a single large packet signal may be constructed by multiplexing (ORing) together the responses from the slave units 764. As shown in FIG. 7(c) the data response from each of the slave units 764 may be interlaced with the other responses and as a result data from each slave unit 764 may be time/position assigned.). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to schedule signal transmissions, as taught by Tucker, as doing so efficiently provides signal transmission between multiple sensing and stimulation sources ([0066]: "Thus allowing quick single broadcast/listen action while acquiring a large amount of data from multiple slave units 764.").
In regards to claim 7, Bouton/Tucker combination describes the invention substantially as described in claim 1.
Bouton further discloses that the signal is a signal selected from: the first brain wave, a signal triggered by the first brain wave, and a signal based at least partially on the first brain wave ([0036]: "The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities. Neural signals include electrical signals produced by neural activity in the nervous system including action potentials, multi-unit activity, local field potential, ECoG, and EEG.").
In regards to claim 8, Bouton/Tucker combination describes the invention substantially as described in claim 1.
Bouton further discloses that the first muscle activator of the first activator coupler/transceiver is a functional electrical stimulator ([0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
In regards to claim 9, Bouton discloses a system comprising a first EEG coupler/transceiver to couple to a person's scalp, wherein the first EEG coupler/transceiver comprises a first EEG electrode to receive a first brain wave from the person, a first EEG body communication coupler, and to transmit a first signal via the first EEG body communication coupler based on the received first brain wave and a first activator coupler/transceiver to couple to the person's body and to stimulate a first muscle of the person's body, wherein the first activator coupler/transceiver comprises a first muscle activator, a first activator body communication coupler, to receive the first signal via the first activator body communication coupler ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array...In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.")
However, Bouton does not disclose an antenna as a part of the EEG or activator coupler/transceiver.
Tucker further teaches using body-coupled devices that transmit signals and data through wireless connections such as radiofrequency communication that require an antenna ([0046]: “This is a result of the limited low-power receiver circuits available on the market, which may limit the receiving frequency to the 60-400 kHz range. That, in addition to the low-power consumption in transmission mode demanded by the mobile unit transceiver/processor 110, it is preferable to use a frequency between from about 6 MHz to about 13 MHz for the transmitting channel (the relation between the power consumption and the performance may be optimum within that frequency range), [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to transmit signals from the EEG coupler/transceiver to the activator coupler/transceiver using antennae, as taught by Tucker, as doing so allows for the use of the natural RF transmission medium of the person’s body to improve communication of sensing and stimulation devices ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 10, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Bouton further discloses a second EEG coupler/transceiver to couple to a person's scalp, wherein the second EEG coupler/transceiver comprises a second EEG electrode to receive a second brain wave from the person, a second EEG body communication coupler, and a second EEG antenna to transmit a second signal via the second EEG coupler based on the received second brain wave ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array. The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities.").
In regards to claim 11, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Bouton further discloses a second activator coupler/transceiver to couple to the person's body and to stimulate a second muscle of the person's body, wherein the second activator coupler/transceiver comprises a second muscle activator, a second activator body communication coupler, to receive the second signal via the second activator body communication coupler ([0064]: "With reference to FIG. 18, a patient's arm including damaged or degenerative neuromuscular region 1020 is placed over two neuromuscular cuff devices 1010 according to the embodiment of FIG. 14.", see [0065] - [0066]).
Tucker further teaches using body-coupled devices that transmit signals and data through wireless connections such as radiofrequency communication that require an antenna ([0046]: “This is a result of the limited low-power receiver circuits available on the market, which may limit the receiving frequency to the 60-400 kHz range. That, in addition to the low-power consumption in transmission mode demanded by the mobile unit transceiver/processor 110, it is preferable to use a frequency between from about 6 MHz to about 13 MHz for the transmitting channel (the relation between the power consumption and the performance may be optimum within that frequency range), [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to transmit signals from the EEG coupler/transceiver to the activator coupler/transceiver using antennae, as taught by Tucker, as doing so allows for the use of the natural RF transmission medium of the person’s body to improve communication of sensing and stimulation devices ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 12, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Bouton further discloses the second EEG body communication coupler of the second EEG coupler/transceiver is to transmit the second signal to the first activator body communication coupler of the first activator coupler/transceiver ([0036]: "In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.") and wherein the first muscle activator of the first activator coupler/transceiver is to stimulate a first muscle of the person's body based on the first and second signals ([0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
Tucker further teaches a wireless transmission system that transmits signals and data through a person’s body ([0043]: "Data may be capacitively coupled between the base unit coupling element 106 and the mobile unit coupling element 1112 through the user's body 114 using, for example but is not limited to, a low-frequency Amplitude Shift Key (ASK) format whenever the user's body 114 and the base unit coupling element 106 are proximate to each another. ", [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use body communication couplers and body coupled transceivers which communicate through the body, as taught by Tucker, as doing so would use the natural conductivity of the human body as a medium for conducting wireless RF signals to transmit information from one part of the device to another ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 13, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Bouton further discloses transmitting a second signal from the second EEG coupler/transceiver to the first EEG coupler/transceiver ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array. The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities. Neural signals include electrical signals produced by neural activity in the nervous system including action potentials, multi-unit activity, local field potential, ECoG, and EEG. These neural signals are sent wirelessly or, alternatively, through a wired connection, from the cortical implant 102 to a receiver on a neural signal processor device 104 for processing of the neural signals.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
Tucker teaches a wireless transmission system that transmits signals and data through a person’s body ([0043]: "Data may be capacitively coupled between the base unit coupling element 106 and the mobile unit coupling element 1112 through the user's body 114 using, for example but is not limited to, a low-frequency Amplitude Shift Key (ASK) format whenever the user's body 114 and the base unit coupling element 106 are proximate to each another. ", [0048]: "In this way, the human body 114 becomes an extension of the coupling element 106, allowing the transfer of the low frequency RF signal to the coupling element 112 of the mobile unit transceiver/processor 110 that may be in proximity with the human body 114."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use body communication couplers and body coupled transceivers which communicate through the body, as taught by Tucker, as doing so would use the natural conductivity of the human body as a medium for conducting wireless RF signals to transmit information from one part of the device to another ([0039]: "BodyCom overcomes the aforementioned wireless systems limitations by using a user's body and/or RF conductive materials as a medium for RF signal transmission. The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices.").
In regards to claim 14, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Tucker further teaches scheduling transmitting the first signal and transmitting the second signal ([0066]: "As a result, when doing a broadcast from a manager unit 762 any slave units 764 within range will attempt to respond and their responses may be synchronized. By using this method a single large packet signal may be constructed by multiplexing (ORing) together the responses from the slave units 764. As shown in FIG. 7(c) the data response from each of the slave units 764 may be interlaced with the other responses and as a result data from each slave unit 764 may be time/position assigned.). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to schedule signal transmissions, as taught by Tucker, as doing so efficiently provides signal transmission between multiple sensing and stimulation sources ([0066]: "Thus allowing quick single broadcast/listen action while acquiring a large amount of data from multiple slave units 764.").
In regards to claim 15, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Bouton further discloses that a communication signal is selected from the first brain wave, a signal triggered by the first brain wave, and a signal based at least partially on the first brain wave ([0036]: "The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities.").
Tucker further teaches that the signal is a body communication radio frequency (RF) signal ([0039]: "The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use radio frequency communication, as taught by Tucker, as doing so allows for the system to use the high RF permittivity of the human body ([0044]: "Due to the high RF permittivity of the human body 114 at low frequencies, RF transmissions may be achieved with a simple, easily-designed system operating from about 60 kHz to about 30 MHz.").
In regards to claim 16, Bouton/Tucker combination describes the invention substantially as described in claim 9.
Bouton further discloses that the first muscle activator of the first activator coupler/transceiver is a functional electrical stimulator ([0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
In regards to claim 17, Bouton discloses a system comprising a first EEG coupler/transceiver to receive a first brain wave from a person and to transmit a first signal, based on the received first brain wave ([0036]: "The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities... In another embodiment, a scalp based interface, headset, or other sensor 102 picks up electroencephalogram (EEG) signals and sends them to the receiver on the neural signal processor device 104.") and a first activator coupler/transceiver to receive the first signal and to stimulate a first muscle of the person's body based on the received first signal ([0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
However, Bouton does not disclose the body communication signal being a radiofrequency signal.
Tucker teaches that using a body communication signal which is a radio frequency (RF) signal ([0039]: "The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use radio frequency communication, as taught by Tucker, as doing so allows for the system to use the high RF permittivity of the human body ([0044]: "Due to the high RF permittivity of the human body 114 at low frequencies, RF transmissions may be achieved with a simple, easily-designed system operating from about 60 kHz to about 30 MHz.").
In regards to claim 18, Bouton/Tucker combination discloses the invention substantially as described above in claim 17.
Bouton further discloses a second EEG coupler/transceiver to receive a second brain wave from the person and to transmit a second signal based on the received second brain wave and a second activator coupler/transceiver to receive the second signal and to stimulate a second muscle of the person's body based on the received second signal ([0036]: "The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array.", [0064]: "With reference to FIG. 18, a patient's arm including damaged or degenerative neuromuscular region 1020 is placed over two neuromuscular cuff devices 1010 according to the embodiment of FIG. 14.", see [0065] - [0066]).
Tucker further teaches that using a body communication signal which is a radio frequency (RF) signal ([0039]: "The BodyCom communications system is a short-range wireless connectivity technology that uses the radio frequency (RF) transmission capability of the human body, or other materials having RF transmission capabilities, to transport radio frequency signals that provide intuitive, simple, and safe communications between two or more electronically compatible wireless devices."). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to use radio frequency communication, as taught by Tucker, as doing so allows for the system to use the high RF permittivity of the human body ([0044]: "Due to the high RF permittivity of the human body 114 at low frequencies, RF transmissions may be achieved with a simple, easily-designed system operating from about 60 kHz to about 30 MHz.").
In regards to claim 19, Bouton/Tucker combination describes the invention substantially as described in claim 18.
Bouton further discloses transmitting a second signal from the second EEG coupler/transceiver to the first EEG coupler/transceiver and wherein the first EEG coupler/transceiver circuit generates the first signal based on the first brain wave and the second signal ([0036]: "The cortical implant 102 in one embodiment includes a microelectrode sensing array, as depicted in FIG. 1. The microelectrode sensing array includes multiple channels (e.g. 96 channels) and may be wired to an amplifier which further amplifies signals received by the microelectrode array. The cortical implant 102 records “brain waves,” more particularly neural signals which are representative of a varied set of mental activities. Neural signals include electrical signals produced by neural activity in the nervous system including action potentials, multi-unit activity, local field potential, ECoG, and EEG. These neural signals are sent wirelessly or, alternatively, through a wired connection, from the cortical implant 102 to a receiver on a neural signal processor device 104 for processing of the neural signals.", [0037]: "The neural signal processor also preferably includes an isolated pulse stimulator 111 which receives a processed signal and generates a pulse signal for use in neuromuscular stimulation by an attached neuromuscular stimulation cuff 110.").
In regards to claim 20, Bouton/Tucker combination describes the invention substantially as described in claim 17.
Tucker further teaches scheduling transmitting the first signal and transmitting the second signal ([0066]: "As a result, when doing a broadcast from a manager unit 762 any slave units 764 within range will attempt to respond and their responses may be synchronized. By using this method a single large packet signal may be constructed by multiplexing (ORing) together the responses from the slave units 764. As shown in FIG. 7(c) the data response from each of the slave units 764 may be interlaced with the other responses and as a result data from each slave unit 764 may be time/position assigned.). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the muscle stimulation device to schedule signal transmissions, as taught by Tucker, as doing so efficiently provides signal transmission between multiple sensing and stimulation sources ([0066]: "Thus allowing quick single broadcast/listen action while acquiring a large amount of data from multiple slave units 764.").
Conclusion
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/B.M.L./Examiner, Art Unit 3796
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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