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Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. 11944440. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover the same subject matter as shown in the chart below. The only differences are the parameters of the pulses (i.e. width vs amplitude) and ordering of the probe vs therapeutic pulses. Each of these would be considered design choices that one of ordinary skill in the art could choose as parameters for the methods through routine experimentation with reasonable expectation of predictable results.
Instant Application 18/590,641
Conflicting U.S. Patent No. 11944440
1. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a therapeutic pulse having a first amplitude,
delivering a probe pulse having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response,
measuring, by one or more sense electrodes, the neural response evoked by the probe pulse;
determining a neural recruitment caused by the probe pulse based on the neural response; and
determining a parameter for a subsequent therapeutic pulse based on the neural recruitment.
1. A method of applying stimulus to a tissue, the method comprising:
delivering a therapeutic pulse having a first pulse width via one or more stimulus electrodes, wherein the therapeutic pulse evokes a neural response,
delivering at least one probe pulse having a second pulse width after the therapeutic pulse, wherein the second pulse width is less than the first pulse width, and
measuring a neural response subsequent to the therapeutic pulse via one or more sense electrodes:
determining a neural recruitment caused by the therapeutic pulse based on the neural response; and
determining a parameter for a subsequent therapeutic pulse based on the neural recruitment.
14. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a therapeutic pulse to neural tissue via the one or more stimulus electrodes, the therapeutic pulse having a first amplitude;
control the stimulus source to deliver a probe pulse to the neural tissue having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response;
control the measurement circuitry to measure the neural response evoked by the probe pulse;
determine a neural recruitment caused by the probe pulse based on the neural response; and
determine a parameter for a subsequent therapeutic pulse based on the neural recruitment.
10. An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more stimulus electrodes and one or more sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for measuring a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a therapeutic pulse to neural tissue via the one or more stimulus electrodes, the therapeutic pulse having a first pulse width, wherein the therapeutic pulse evokes a neural response;
control the stimulus source to deliver at least one probe pulse to the neural tissue having a second pulse width after the therapeutic pulse, wherein the second pulse width is less than the first pulse width;
control the measurement circuitry to measure a neural response subsequent to the therapeutic pulse;
determine a neural recruitment caused by the therapeutic pulse based on the neural response; and
determine a parameter for a subsequent therapeutic pulse based on the neural recruitment.
26. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a plurality of therapeutic pulses having a first amplitude,
delivering a plurality of probe pulses having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses,
measuring, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses via one or more sense electrodes;
determining a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
18. A method of applying stimulus to a tissue, the method comprising:
delivering a plurality of therapeutic pulses having a first pulse width, wherein the therapeutic pulses evoke neural responses;
delivering a plurality of probe pulses having a second pulse width interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second pulse width is less than the first pulse width,
measuring, after a therapeutic pulse of the plurality of therapeutic pulses and prior to a subsequent probe pulse of the plurality of probe pulses, a neural response evoked by the therapeutic pulse;
determining a neural recruitment caused by the therapeutic pulse based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
36. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a plurality of therapeutic pulses to neural tissue via the one or more stimulus electrodes, the plurality of therapeutic pulses having a first amplitude;
control the stimulus source to deliver a plurality of probe pulses to the neural tissue having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses;
control the measurement circuitry to measure, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses;
determine a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
23. An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more stimulus electrodes and one or more sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for measuring a neural signal sensed at the one or more sense electrodes: and
a control unit configured to:
control the stimulus source to deliver a plurality of therapeutic pulses to neural tissue via the one or more stimulus electrodes, the therapeutic pulses having a first pulse width, wherein the therapeutic pulses evoke neural responses;
control the stimulus source to deliver a plurality of probe pulses to the neural tissue having a second pulse width interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second pulse width is less than the first pulse width;
control the measurement circuitry to measure, after a therapeutic pulse of the plurality of therapeutic pulses and prior to a subsequent probe pulse of the plurality of probe pulses, the neural response evoked by the therapeutic pulse;
determine a neural recruitment caused by the therapeutic pulse based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
Claims 1-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of U.S. Patent No. 11445958. Although the claims at issue are not identical, they are not patentably distinct from each other because they cover the same subject matter as shown in the chart below. The only differences are the parameters of the pulses (i.e. width vs amplitude). Each of these would be considered design choices that one of ordinary skill in the art could choose as parameters for the methods through routine experimentation with reasonable expectation of predictable results.
Instant Application 18/590,641
Conflicting U.S. Patent No. 11445958
1. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a therapeutic pulse having a first amplitude,
delivering a probe pulse having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response,
measuring, by one or more sense electrodes, the neural response evoked by the probe pulse;
determining a neural recruitment caused by the probe pulse based on the neural response; and
determining a parameter for a subsequent therapeutic pulse based on the neural recruitment.
1. A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a therapeutic pulse having a first pulse width,
delivering a probe pulse having a second pulse width after the therapeutic pulse, wherein the second pulse width is less than the first pulse width, and wherein the probe pulse evokes a neural response,
measuring, by one or more sense electrodes, the neural response evoked by the probe pulse;
determining a neural recruitment caused by the probe pulse based on the neural response; and
determining a parameter for a subsequent therapeutic pulse based on the neural recruitment.
14. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a therapeutic pulse to neural tissue via the one or more stimulus electrodes, the therapeutic pulse having a first amplitude;
control the stimulus source to deliver a probe pulse to the neural tissue having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response;
control the measurement circuitry to measure the neural response evoked by the probe pulse;
determine a neural recruitment caused by the probe pulse based on the neural response; and
determine a parameter for a subsequent therapeutic pulse based on the neural recruitment.
9. An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a therapeutic pulse to neural tissue via the one or more stimulus electrodes, the therapeutic pulse having a first pulse width;
control the stimulus source to deliver a probe pulse to the neural tissue having a second pulse width after the therapeutic pulse, wherein the second pulse width is less than the first pulse width, and wherein the probe pulse evokes a neural response;
control the measurement circuitry to measure the neural response evoked by the probe pulse;
determine a neural recruitment caused by the probe pulse based on the neural response; and
determine a parameter for a subsequent therapeutic pulse based on the neural recruitment.
26. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a plurality of therapeutic pulses having a first amplitude,
delivering a plurality of probe pulses having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses,
measuring, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses via one or more sense electrodes;
determining a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
17. A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a plurality of therapeutic pulses having a first pulse width,
delivering a plurality of probe pulses having a second pulse width interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second pulse width is less than the first pulse width, and wherein the plurality of probe pulses evoke neural responses,
measuring, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses via one or more sense electrodes;
determining a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
36. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a plurality of therapeutic pulses to neural tissue via the one or more stimulus electrodes, the plurality of therapeutic pulses having a first amplitude;
control the stimulus source to deliver a plurality of probe pulses to the neural tissue having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses;
control the measurement circuitry to measure, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses;
determine a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
22. An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a plurality of therapeutic pulses to neural tissue via the one or more stimulus electrodes, the plurality of therapeutic pulses having a first pulse width;
control the stimulus source to deliver a plurality of probe pulses to the neural tissue having a second pulse width interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second pulse width is less than the first pulse width, and wherein the plurality of probe pulses evoke neural responses;
control the measurement circuitry to measure, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses;
determine a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
Claims 1-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11045129 in view of Mahnam et al. (Listed on IDS dated 10/09/2014 of the parent application 14/117,152). Although the claims at issue are not identical, they are not patentably distinct from each other because they cover the same subject matter as shown in the chart below. The only differences are the parameters of the pulses (i.e. width vs amplitude) and ordering of the probe vs therapeutic pulses. Each of these would be considered design choices that one of ordinary skill in the art could choose as parameters for the methods through routine experimentation with reasonable expectation of predictable results. The only other difference is determining a subsequent therapeutic result based on the neural recruitment. This is taught by Mahnam through the updating of parameters (Figure 2b; Page 4, Paragraphs 2-3). It would have been obvious to one of ordinary skill in the art to have modified the patent with Mahnam because it helps to reduce any potential errors when calculating the remnant neural response and provides better therapy.
Instant Application 18/590,641
Conflicting U.S. Patent No. 11045129
1. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a therapeutic pulse having a first amplitude,
delivering a probe pulse having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response,
measuring, by one or more sense electrodes, the neural response evoked by the probe pulse;
determining a neural recruitment caused by the probe pulse based on the neural response; and
determining a parameter for a subsequent therapeutic pulse based on the neural recruitment.
1. A method of determining neural recruitment arising from a selected neural stimulus, the method comprising:
applying the selected neural stimulus from at least one stimulus electrode;
after applying the selected neural stimulus, and within a refractory period of fibres recruited by the selected neural stimulus, applying a probe stimulus having a short pulse width;
measuring, with measurement circuitry, a remnant neural response evoked by the probe stimulus; and
a control unit determining from the remnant neural response a neural recruitment caused by the selected neural stimulus.
14. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a therapeutic pulse to neural tissue via the one or more stimulus electrodes, the therapeutic pulse having a first amplitude;
control the stimulus source to deliver a probe pulse to the neural tissue having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response;
control the measurement circuitry to measure the neural response evoked by the probe pulse;
determine a neural recruitment caused by the probe pulse based on the neural response; and
determine a parameter for a subsequent therapeutic pulse based on the neural recruitment.
8. An implantable device for determining neural recruitment arising from a selected neural stimulus, the implantable device comprising:
a plurality of electrodes including one or more stimulus electrodes and one or more sense electrodes;
a stimulus source for providing stimuli to be delivered from the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to control application of a selected stimulus to neural tissue using the one or more stimulus electrodes;
the control unit further configured to, after the selected neural stimulus, and within a refractory period of fibres recruited by the selected neural stimulus, apply a probe stimulus having a short pulse width;
the control unit further configured to measure a remnant neural response evoked by the probe stimulus; and
the control unit further configured to determine from the remnant neural response a neural recruitment caused by the selected neural stimulus.
26. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a plurality of therapeutic pulses having a first amplitude,
delivering a plurality of probe pulses having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses,
measuring, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses via one or more sense electrodes;
determining a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
1. A method of determining neural recruitment arising from a selected neural stimulus, the method comprising:
applying the selected neural stimulus from at least one stimulus electrode;
after applying the selected neural stimulus, and within a refractory period of fibres recruited by the selected neural stimulus, applying a probe stimulus having a short pulse width;
measuring, with measurement circuitry, a remnant neural response evoked by the probe stimulus; and
a control unit determining from the remnant neural response a neural recruitment caused by the selected neural stimulus.
36. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a plurality of therapeutic pulses to neural tissue via the one or more stimulus electrodes, the plurality of therapeutic pulses having a first amplitude;
control the stimulus source to deliver a plurality of probe pulses to the neural tissue having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses;
control the measurement circuitry to measure, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses;
determine a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
8. An implantable device for determining neural recruitment arising from a selected neural stimulus, the implantable device comprising:
a plurality of electrodes including one or more stimulus electrodes and one or more sense electrodes;
a stimulus source for providing stimuli to be delivered from the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to control application of a selected stimulus to neural tissue using the one or more stimulus electrodes;
the control unit further configured to, after the selected neural stimulus, and within a refractory period of fibres recruited by the selected neural stimulus, apply a probe stimulus having a short pulse width;
the control unit further configured to measure a remnant neural response evoked by the probe stimulus; and
the control unit further configured to determine from the remnant neural response a neural recruitment caused by the selected neural stimulus.
Claims 1-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 9974455. Although the claims at issue are not identical, they are not patentably distinct from each other because see the chart below. The difference between the rejected claims of the instant application and patented claims of the patent lies in the fact that the patented claims are more specific. Thus, the invention of patented claims is in effect a “species” of the “generic” invention of rejected claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since rejected claims are anticipated by patented claims, it is not patentably distinct from patented claims.
Instant Application 18/590,641
Conflicting U.S. Patent No. 9974455
1. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a therapeutic pulse having a first amplitude,
delivering a probe pulse having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response,
measuring, by one or more sense electrodes, the neural response evoked by the probe pulse;
determining a neural recruitment caused by the probe pulse based on the neural response; and
determining a parameter for a subsequent therapeutic pulse based on the neural recruitment.
1. A method of determining neural recruitment arising from a selected neural stimulus, the method comprising:
applying the selected neural stimulus from at least one stimulus electrode;
at a time t after conclusion of the selected neural stimulus, applying a probe stimulus having a short pulse width;
measuring, with measurement circuitry, a remnant neural response evoked by the probe stimulus;
changing t;
repeating the applying the selected neural stimulus, the applying the probe stimulus, the measuring and the changing, to determine variations in the remnant neural response measure with varying t, and from at least one measured remnant neural response,
determining neural recruitment caused by the selected neural stimulus using a control unit.
14. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a therapeutic pulse to neural tissue via the one or more stimulus electrodes, the therapeutic pulse having a first amplitude;
control the stimulus source to deliver a probe pulse to the neural tissue having a second amplitude after the therapeutic pulse, wherein the second amplitude is different than the first amplitude, and wherein the probe pulse evokes a neural response;
control the measurement circuitry to measure the neural response evoked by the probe pulse;
determine a neural recruitment caused by the probe pulse based on the neural response; and
determine a parameter for a subsequent therapeutic pulse based on the neural recruitment.
7. An implantable device for determining neural recruitment arising from a selected neural stimulus, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for providing stimuli to be delivered from the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to control application of a selected stimulus to neural tissue using the stimulus electrodes;
the control unit further configured to, at a time t after conclusion of the selected neural stimulus, apply a probe stimulus having a short pulse width;
the control unit further configured to measure a remnant neural response evoked by the probe stimulus;
the control unit further configured to change t;
the control unit further configured to repeat the applying the selected neural stimulus, the applying the probe stimulus, the measuring and the changing, to determine variations in the remnant neural response measure with varying t; and
the control unit further configured to determine from at least one measured remnant neural response a neural recruitment caused by the selected neural stimulus.
26. (New) A method of applying stimulus to a tissue, the method comprising:
delivering, by a plurality of stimulus electrodes, a plurality of therapeutic pulses having a first amplitude,
delivering a plurality of probe pulses having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses,
measuring, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses via one or more sense electrodes;
determining a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
1. A method of determining neural recruitment arising from a selected neural stimulus, the method comprising:
applying the selected neural stimulus from at least one stimulus electrode;
at a time t after conclusion of the selected neural stimulus, applying a probe stimulus having a short pulse width;
measuring, with measurement circuitry, a remnant neural response evoked by the probe stimulus;
changing t;
repeating the applying the selected neural stimulus, the applying the probe stimulus, the measuring and the changing, to determine variations in the remnant neural response measure with varying t, and from at least one measured remnant neural response,
determining neural recruitment caused by the selected neural stimulus using a control unit.
36. (New) An implantable device for applying neural stimulus to neural tissue, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for delivering stimulus pulses via the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to:
control the stimulus source to deliver a plurality of therapeutic pulses to neural tissue via the one or more stimulus electrodes, the plurality of therapeutic pulses having a first amplitude;
control the stimulus source to deliver a plurality of probe pulses to the neural tissue having a second amplitude interleaved with at least some therapeutic pulses of the plurality of therapeutic pulses, wherein the second amplitude is different than the first amplitude, and wherein the plurality of probe pulses evoke neural responses;
control the measurement circuitry to measure, after a probe pulse of the plurality of probe pulses and prior to a subsequent therapeutic pulse of the plurality of therapeutic pulses, a neural response evoked by the probe pulse of the plurality of probe pulses;
determine a neural recruitment caused by the probe pulse of the plurality of probe pulses based on the neural response; and
determining a parameter for the subsequent therapeutic pulse based on the neural recruitment.
7. An implantable device for determining neural recruitment arising from a selected neural stimulus, the device comprising:
a plurality of electrodes including one or more nominal stimulus electrodes and one or more nominal sense electrodes;
a stimulus source for providing stimuli to be delivered from the one or more stimulus electrodes to neural tissue;
measurement circuitry for obtaining a measurement of a neural signal sensed at the one or more sense electrodes; and
a control unit configured to control application of a selected stimulus to neural tissue using the stimulus electrodes;
the control unit further configured to, at a time t after conclusion of the selected neural stimulus, apply a probe stimulus having a short pulse width;
the control unit further configured to measure a remnant neural response evoked by the probe stimulus;
the control unit further configured to change t;
the control unit further configured to repeat the applying the selected neural stimulus, the applying the probe stimulus, the measuring and the changing, to determine variations in the remnant neural response measure with varying t; and
the control unit further configured to determine from at least one measured remnant neural response a neural recruitment caused by the selected neural stimulus.
Conclusion
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/PATRICK FERNANDES/Primary Examiner, Art Unit 3791
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