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 .
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.
Claim Objections
Claim 1 objected to because of the following informalities:
“a prosthetic eye implanted within the body” in line 27 should be written “a prosthetic eye configured to be implanted within the body”
Appropriate correction is required.
Claim 4 objected to because of the following informalities:
“a prosthetic eye implanted within a body” in line 22 should be written “a prosthetic eye configured to be implanted within a body”
Appropriate correction is required.
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 1-6 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.
Claim 1 recites the limitation "the visual information" in line 28. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-3 are rejected as being dependent upon a rejected base claim.
Claim 4 recites the limitation "the visual information" in line 23. There is insufficient antecedent basis for this limitation in the claim.
Claims 5-6 are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Howard, (US 20180333587) in view of Fisher et al., (US 9014416; hereinafter Fisher).
Regarding claim 1, Howard (Figure 33) discloses an implant device (3300) adapted to be implanted within a body of a person for interacting with brain tissue ([0261]-[0262]) comprising: a plurality of fibers (3302, 3304) that are electrically conductive, optically conductive, or both electrically and optically conductive ([0262]: fibers 3302/3304 may be electrodes/optrodes as described in paragraphs [0174] and [0282]), the plurality of fibers (3302, 3304) adapted to receive electrical signals, optical signals, or both electrical and optical signals from neural signals of the brain tissue (using fibers 3302) and to transmit electrical signals, optical signals, or both electrical and optical signals to provide stimulation of the brain tissue (using fibers 3304), ([0174], [0262], [0282]), the fibers (3302, 3304) electrically, optically, or both electrically and optically coupled to a controller (3306), ([0261]); and the controller (3306) comprising a processor, memory, and program instructions stored in the memory ([0261]-[0262], [0274]) to: receive electrical signals, optical signals, or both electrical and optical signals from neural signals of the brain tissue ([0210]), determining direct neural connections by analyzing waveforms and propagation delays of the received electrical signals, optical signals, or both electrical and optical signals ([0155], [0278]), recognizing at least one dead or non-functional neuron ([0293]: determining whether a neuron is spiking or not) and determining direct neural connections affected by the at least one dead or non-functional neuron ([0300]-[0302]), and forwarding neural signals around the at least one dead or non-functional neuron by recording the received electrical signals, optical signals, or both electrical and optical signals from one side of the at least one dead or non-functional neuron ([0230]: optrodes in an identified zone on one side of the neuron may be used to record the signals) and transmitting the recorded electrical signals, optical signals, or both electrical and optical signals to stimulate an other side of the at least one dead or non-functional neuron ([0233], [0259], [0337]-[0338]: optrodes on another side of the neuron may be used to stimulate).
Howard fails to disclose the controller configured to receive visual data from a prosthetic eye implanted within the body of the person and transform the visual information into control signals, and utilize the control signals to stimulate the other side of the at least one dead or non-functional neuron. However, Fisher (Figure 10B) teaches an implant device (1050) comprising a controller (1070) configured to receive visual data from a prosthetic eye (1056) implanted within the body of a person and transform the visual information into control signals (1058), and utilize the control signals (1058) to stimulate corresponding neurons (Col. 25, lines 18-40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Howard to include the controller configured to receive visual data from a prosthetic eye implanted within the body of the person and transform the visual information into control signals, and utilize the control signals to stimulate corresponding neurons, as taught by Fisher, because the modification would enable a visual encoding application if the implant device is used for an artificial vision system (Col. 25, lines 18-40). Furthermore, the corresponding neurons in the modified device would be the at least one dead or non-functional neuron.
Regarding claim 2, Howard (Figure 33) further discloses wherein the plurality of fibers that are electrically conductive, optically conductive, or both electrically and optically conductive comprise at least 100,000 fibers that are electrically conductive, optically conductive, or both electrically and optically conductive ([0150], [0216]: 1000 or more recording channels).
Regarding claim 3, Howard (Figure 33) further discloses wherein the plurality of fibers comprises a plurality of carbon nanotube fibers ([0155]).
Regarding claim 4, Howard (Figure 33) discloses a method for interacting with brain tissue ([0261]-[0262]) comprising: receiving electrical signals, optical signals, or both electrical and optical signals from neural signals of the brain tissue at an implant device (3300) comprising a plurality of fibers (3302, 3304) that are electrically conductive, optically conductive, or both electrically and optically conductive ([0262]: fibers 3302/3304 may be electrodes/optrodes as described in paragraphs [0174] and [0282]), the plurality of fibers (3302, 3304) adapted to receive electrical signals, optical signals, or both electrical and optical signals from neural signals of the brain tissue (using fibers 3302) and to transmit electrical signals, optical signals, or both electrical and optical signals to provide stimulation of the brain tissue (using fibers 3304), ([0172], [0262], [0282]), the fibers (3302, 3304) electrically, optically, or both electrically and optically coupled to a controller (3306), ([0261]), the implant device (3300) further comprising the controller (3306) comprising a processor, memory, and program instructions stored in the memory ([0261]-[0262], [0274]); determining direct neural connections by analyzing waveforms and propagation delays of the received electrical signals, optical signals, or both electrical and optical signals ([0155], [0210], [0278]); recognizing at least one dead or non-functional neuron ([0293]: determining whether a neuron is spiking or not) and determining direct neural connections affected by the at least one dead or non-functional neuron ([0300]-[0302]); and forwarding neural signals around the at least one dead or non-functional neuron by recording the received electrical signals, optical signals, or both electrical and optical signals from one side of the at least one dead or non-functional neuron ([0230]: optrodes in an identified zone on one side of the neuron may be used to record the signals) and transmitting the recorded electrical signals, optical signals, or both electrical and optical signals to stimulate an other side of the at least one dead or non-functional neuron ([0233], [0259], [0337]-[0338]: optrodes in an identified zone on another side of the neuron may be used to stimulate).
Howard fails to disclose the controller configured to receive visual data from a prosthetic eye implanted within the body of the person and transform the visual information into control signals, and utilize the control signals to stimulate the other side of the at least one dead or non-functional neuron. However, Fisher (Figure 10B) teaches an artificial vision method using an implant device (1050) comprising a controller (1070) configured to receive visual data from a prosthetic eye (1056) implanted within the body of a person and transform the visual information into control signals (1058), and utilize the control signals (1058) to stimulate corresponding neurons (Col. 25, lines 18-40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Howard to include the controller configured to receive visual data from a prosthetic eye implanted within the body of the person and transform the visual information into control signals, and utilize the control signals to stimulate corresponding neurons, as taught by Fisher, because the modification would enable a visual encoding application if the implant device is used for an artificial vision system (Col. 25, lines 18-40). Furthermore, the corresponding neurons in the modified method would be the at least one dead or non-functional neuron.
Regarding claim 5, Howard (Figure 33) further discloses wherein the plurality of fibers that are electrically conductive, optically conductive, or both electrically and optically conductive comprise at least 100,000 fibers that are electrically conductive, optically conductive, or both electrically and optically conductive ([0150], [0216]: 1000 or more recording channels).
Regarding claim 6, Howard (Figure 33) further discloses wherein the plurality of fibers comprises a plurality of carbon nanotube fibers ([0155]).
Response to Arguments
Applicant’s arguments, filed 03/20/202, regarding the newly amended claim limitations, 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 reference Fisher, which teaches an artificial vision method and an implant device comprising a controller configured to receive visual data from a prosthetic eye implanted within the body of a person and transform the visual information into control signals, and utilize the control signals to stimulate corresponding neurons. In combination with Howard, the modified device/method teaches the invention as recited at least in amended independent claims 1 and 4.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794