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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 15, and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 10, 15, and 16 state “The system as claimed in claim 8, comprising…”, however claim 8 recites a method and is dependent upon claim 1, which also recites a method. Examiner assumes claim is meant to read “The system as claimed in claim 9, comprising…”, wherein claim 9 is an independent claim which recites a system.
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 reli1ed 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C 102(a)(2) as being anticipated by Kuzniecky et al. (hereinafter ‘Kuzniecky’, U.S. PGPub No. 2018/0117331).
In regards to claim 1, Kuzniecky 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 (Fig. 3, [0003]: "The device includes a first and a second electrode contacts separated from one another by a distance selected to form a single channel for detection of brain electrical activity. The device also includes a processor analyzing the detected brain electrical activity to determine whether a change in brain state has occurred and generating brain state data based on this determination. The device further includes a transceiver controlled by the processor to wirelessly transmit epileptic event data to and from a remote computer."), 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 ([0035]: "The epileptic event data may then be forwarded to a transceiver 114 as for transmission to a remote host (e.g., computer, mobile phone, etc.) via low-energy radio (telemetry) technology."), receiving a first brain wave from the person's brain by the first EEG coupler/transceiver ([0035]: "The unit 104 comprises an analog-to-digital converter 108 to convert detected brain wave signals into digital signals at a predetermined sampling rate to adequately record relevant brain activity data."), 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 through the person's body ([0043]: "The implantable unit 304 may also include a transceiver for transmitting the epileptic event data to a remote host (e.g., computer, mobile phone, etc.) via low-energy radio (telemetry) technology. In some embodiments, the implantable unit 304 may be in communication with an external communication device where both the implantable unit 304 and the external device provide power to establish the communications. In particular, the implantable unit 304 may include a transceiver that utilizes a low-energy communications technology, wherein power requirements for such communications is provided predominantly, e.g., greater than 50%, by the external device."), 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 ([0060]: "The exemplary device 100, 200, 300 may be used in combination with a therapeutic device directed to the treatment of seizures including, but not limited to, antiepileptic medications, implantable stimulators (e.g., electrical stimulators) and implantable drug delivery systems.", [0061]: "The resultant data may be employed in the afferent arm of a therapeutic feedback system using pharmacological or electromagnetic stimulation.").
In regards to claim 2, Kuzniecky 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 ([0003]: "The device includes a first and a second electrode contacts separated from one another by a distance selected to form a single channel for detection of brain electrical activity.").
In regards to claim 3, Kuzniecky discloses coupling a second activator coupler/transceiver to the person's body, wherein the second activator coupler/transceiver comprises a second muscle activator and a second activator body communication coupler, 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 through the person's body ([0033]: "The device may further comprise a wireless transmitter and receiver (i.e., a transceiver) to transmit the EEG data and/or ictal events data to an external computing device and/or cloud-based data storage and review services. Transmission of data may occur according to one or more patterns (e.g., routine transmission at predetermined time intervals, location-based (e.g., when in proximity to a base station or appropriate personal smart device), upon being prompted to transmit by a secondary device, etc.)"), 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 ([0060]: "The exemplary device 100, 200, 300 may be used in combination with a therapeutic device directed to the treatment of seizures including, but not limited to, antiepileptic medications, implantable stimulators (e.g., electrical stimulators) and implantable drug delivery systems.").
In regards to claim 4, Kuzniecky discloses transmitting a second signal from the second EEG body communication coupler of the second EEG coupler/transceiver to the first activator body communication coupler of the first activator coupler/transceiver through the person's body, based on the received second brain wave ([0033]: "Epileptic event data corresponding to the detected epileptic events is stored in an electronic memory provided in the implanted device. The device may further comprise a wireless transmitter and receiver (i.e., a transceiver) to transmit the EEG data and/or ictal events data to an external computing device and/or cloud-based data storage and review services. Transmission of data may occur according to one or more patterns (e.g., routine transmission at predetermined time intervals, location-based (e.g., when in proximity to a base station or appropriate personal smart device), upon being prompted to transmit by a secondary device, etc.)"), 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 ([0061]: "The resultant data may be employed in the afferent arm of a therapeutic feedback system using pharmacological or electromagnetic stimulation.").
In regards to claim 5, Kuzniecky discloses transmitting, based on the received second brain wave, a second signal from the second EEG body communication coupler of the second EEG coupler/transceiver to the first EEG body communication coupler of the first EEG coupler/transceiver through the person's scalp ([0035]: "The unit 104 comprises an analog-to-digital converter 108 to convert detected brain wave signals into digital signals at a predetermined sampling rate to adequately record relevant brain activity data."), generating, by the first EEG coupler/transceiver, the first signal based at least partially on the first brain wave and the second signal ([0057]: "It is noted that step 414, as discussed above, may be converted at a rate of 256 S/s, as which is a typical frequency at which clinical scalp EEG is recorded.").
In regards to claim 6, Kuzniecky discloses transmitting, based on the second brain wave, a second signal from the second EEG body communication coupler of the second EEG coupler/transceiver ([0035]: "The epileptic event data may then be forwarded to a transceiver 114 as for transmission to a remote host (e.g., computer, mobile phone, etc.) via low-energy radio (telemetry) technology."), and scheduling transmitting the first signal and transmitting the second signal ([0035]: "In one embodiment, the processor 106 transmits only epileptic event data to the memory 115 and discards extraneous brain activity data. In an alternative embodiment, the processor 106 transmits epileptic event data wirelessly to a remote host without storage in an attached memory if the remote host is within a predetermined proximity to the patient. In yet another embodiment, the processor 106 saves the epileptic event data to the memory 116 only when the remote host is inaccessible (e.g., when the wearer is not within a transmission range to the remote host).").
In regards to claim 7, Kuzniecky 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 ([0043]: "Additionally, the implantable unit 304 may comprise an analog-to-digital converter to convert detected brain wave signals into digital signals, preferably at a predetermined sampling rate to adequately record relevant brain activity data.").
In regards to claim 8, Kuzniecky discloses that the first muscle activator of the first activator coupler/transceiver is a functional electrical stimulator ([0060]: "The exemplary device 100, 200, 300 may be used in combination with a therapeutic device directed to the treatment of seizures including, but not limited to, antiepileptic medications, implantable stimulators (e.g., electrical stimulators) and implantable drug delivery systems.").
In regards to claim 9, Kuzniecky 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 a first EEG antenna to transmit a first signal via the first EEG body communication coupler based on the received first brain wave ([0063]: "The exemplary device 100 may be implanted in a subgaleal region of a patient, near the brain, as shown in FIG. 11. As can be seen, at least one contact 103 (e.g., an electrode for recording electrophysiological data, particularly EEG data) of the device may be implanted in a subgaleal region that is between the skull 14 and the scalp 16 of the patient near the brain 12 of the patient."), 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, and a first activator antenna to receive the first signal via the first activator body communication coupler ([0043]: "In particular, the implantable unit 304 may include a transceiver that utilizes a low-energy communications technology, wherein power requirements for such communications is provided predominantly, e.g., greater than 50%, by the external device.").
In regards to claim 10, Kuzniecky 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 ([0003]: "The device includes a first and a second electrode contacts separated from one another by a distance selected to form a single channel for detection of brain electrical activity.").
In regards to claim 11, Kuzniecky 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, and a second activator antenna to receive the second signal via the second activator body communication coupler ([0033]: "The device may further comprise a wireless transmitter and receiver (i.e., a transceiver) to transmit the EEG data and/or ictal events data to an external computing device and/or cloud-based data storage and review services. Transmission of data may occur according to one or more patterns (e.g., routine transmission at predetermined time intervals, location-based (e.g., when in proximity to a base station or appropriate personal smart device), upon being prompted to transmit by a secondary device, etc.)").
In regards to claim 12, Kuzniecky discloses that 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 through the person's body ([0033]: "The device may further comprise a wireless transmitter and receiver (i.e., a transceiver) to transmit the EEG data and/or ictal events data to an external computing device and/or cloud-based data storage and review services. Transmission of data may occur according to one or more patterns (e.g., routine transmission at predetermined time intervals, location-based (e.g., when in proximity to a base station or appropriate personal smart device), upon being prompted to transmit by a secondary device, etc.)") 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 ([0060]: "The exemplary device 100, 200, 300 may be used in combination with a therapeutic device directed to the treatment of seizures including, but not limited to, antiepileptic medications, implantable stimulators (e.g., electrical stimulators) and implantable drug delivery systems.").
In regards to claim 13, Kuzniecky discloses that the second EEG body communication coupler of the second EEG coupler/transceiver is to transmit the second signal to the first EEG body communication coupler of the first EEG coupler/transceiver through the person's body, and wherein the first EEG coupler/transceiver is to generate the first signal based at least in part on the first brain wave and the second signal ([0033]: "Epileptic event data corresponding to the detected epileptic events is stored in an electronic memory provided in the implanted device. The device may further comprise a wireless transmitter and receiver (i.e., a transceiver) to transmit the EEG data and/or ictal events data to an external computing device and/or cloud-based data storage and review services. Transmission of data may occur according to one or more patterns (e.g., routine transmission at predetermined time intervals, location-based (e.g., when in proximity to a base station or appropriate personal smart device), upon being prompted to transmit by a secondary device, etc.)").
In regards to claim 14, Kuzniecky discloses that the first EEG coupler/transceiver is a coordinator to schedule transmitting body communication signals ([0035]: "In one embodiment, the processor 106 transmits only epileptic event data to the memory 115 and discards extraneous brain activity data. In an alternative embodiment, the processor 106 transmits epileptic event data wirelessly to a remote host without storage in an attached memory if the remote host is within a predetermined proximity to the patient. In yet another embodiment, the processor 106 saves the epileptic event data to the memory 116 only when the remote host is inaccessible (e.g., when the wearer is not within a transmission range to the remote host).").
In regards to claim 15, Kuzniecky discloses that the first signal is a body communication radio frequency (RF) signal, and wherein the first body communication RF 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 ([0056]: "The data may be wirelessly transmitted using any suitable wireless communications network 430, for example, Bluetooth, infrared, radio frequency, IEEE 802.1x, etc.").
In regards to claim 16, Kuzniecky discloses that the first muscle activator of the first activator coupler/transceiver is a functional electrical stimulator ([0060]: "The exemplary device 100, 200, 300 may be used in combination with a therapeutic device directed to the treatment of seizures including, but not limited to, antiepileptic medications, implantable stimulators (e.g., electrical stimulators) and implantable drug delivery systems.").
In regards to claim 17, Kuzniecky 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, as a body communication radio frequency (RF) signal ([0035]: "The unit 104 comprises an analog-to-digital converter 108 to convert detected brain wave signals into digital signals at a predetermined sampling rate to adequately record relevant brain activity data.", [0056]: "The data may be wirelessly transmitted using any suitable wireless communications network 430, for example, Bluetooth, infrared, radio frequency, IEEE 802.1x, etc.") 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 ([0035]: "The epileptic event data may then be forwarded to a transceiver 114 as for transmission to a remote host (e.g., computer, mobile phone, etc.) via low-energy radio (telemetry) technology.").
In regards to claim 18, Kuzniecky discloses a second EEG coupler/transceiver to receive a second brain wave from the person and to transmit a second signal as a body communication RF 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 ([0003]: "The device includes a first and a second electrode contacts separated from one another by a distance selected to form a single channel for detection of brain electrical activity.").
In regards to claim 19, Kuzniecky discloses that the second EEG coupler/transceiver is to transmit the second signal to the first EEG coupler/transceiver circuit, and wherein the first EEG coupler/transceiver circuit generates the first signal based on the first brain wave and the second signal ([0033]: "Epileptic event data corresponding to the detected epileptic events is stored in an electronic memory provided in the implanted device. The device may further comprise a wireless transmitter and receiver (i.e., a transceiver) to transmit the EEG data and/or ictal events data to an external computing device and/or cloud-based data storage and review services. Transmission of data may occur according to one or more patterns (e.g., routine transmission at predetermined time intervals, location-based (e.g., when in proximity to a base station or appropriate personal smart device), upon being prompted to transmit by a secondary device, etc.)").
In regards to claim 20, Kuzniecky discloses that the first EEG coupler/transceiver circuit is a coordinator EEG coupler/transceiver circuit to transmit signals according to a schedule ([0035]: "In one embodiment, the processor 106 transmits only epileptic event data to the memory 115 and discards extraneous brain activity data. In an alternative embodiment, the processor 106 transmits epileptic event data wirelessly to a remote host without storage in an attached memory if the remote host is within a predetermined proximity to the patient. In yet another embodiment, the processor 106 saves the epileptic event data to the memory 116 only when the remote host is inaccessible (e.g., when the wearer is not within a transmission range to the remote host).").
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN M LEE whose telephone number is (703)756-1789. The examiner can normally be reached 9:00 am - 6:00 pm.
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/B.M.L./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796