Prosecution Insights
Last updated: October 01, 2026
Application No. 18/611,827

SYSTEM FOR FUNCTIONAL ELECTRICAL STIMULATION AND ELECTROMYOGRAPHY MEASUREMENT

Non-Final OA §102§103
Filed
Mar 21, 2024
Priority
Aug 31, 2023 — provisional 63/535,939
Examiner
HOUGH, JESSANDRA F
Art Unit
3796
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Battelle Memorial Institute
OA Round
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
1y 4m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
139 granted / 305 resolved
-24.4% vs TC avg
Strong +36% interview lift
Without
With
+35.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
37 currently pending
Career history
349
Total Applications
across all art units

Statute-Specific Performance

§101
10.2%
-29.8% vs TC avg
§103
51.9%
+11.9% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 305 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Applicant’s election without traverse of Inventive Group 1 (claims 1-14) in the reply filed on July 2, 2026 is acknowledged. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventive Group (claims 15-20), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 2, 2026. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 8-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharma (US 2020/0406035 A1). Regarding claim 1, Sharma discloses a system for combined electromyography (EMG) measurements of a target anatomy and stimulation of the target anatomy (e.g. abstract Fig 1), the system comprising: a garment configured to be worn on the target anatomy and including electrodes arranged to electrically contact skin of the target anatomy when the garment is worn on the target anatomy (e.g. [0020] Fig 1:10) and an analog cable comprising a bundle of electrical conductors connected with the electrodes of the garment (e.g. [0026] the electric controller 20 can be connected by a wire bundle or cable); a stimulator configured to input electrical energy to a distal end of the analog cable to deliver transcutaneous electrical stimulation to the target anatomy via the electrodes of the garment (e.g. [0026]; [0032] Fig 1:28); stimulator isolation circuitry configured to switch between electrically connecting the stimulator with the distal end of the analog cable and electrically disconnecting the stimulator from the distal end of the analog cable (e.g. [0023] and [0024] electronics for switching between “FES mode” and “EMG mode” using same electrodes); EMG circuitry configured to receive analog EMG signals from the distal end of the analog cable and including analog amplifiers configured to amplify the analog EMG signals to form amplified analog EMG signals and analog-to-digital converters configured to digitize the amplified analog EMG signals to form digitized EMG data (e.g. [0026] Fig 1:26); EMG isolation circuitry configured to switch between electrically connecting the EMG circuitry with the distal end of the analog cable and electrically disconnecting the EMG circuitry from the distal end of the analog cable (e.g. [0024] “EMG mode”); and control circuitry (e.g. [0022]-[0024] Fig 1:20) configured to cyclically switch between: (i) stimulation time intervals during which the stimulator isolation circuitry electrically connects the stimulator with the distal end of the analog cable and the EMG isolation circuitry electrically disconnects the EMG circuitry from the distal end of the analog cable, and (ii) EMG time intervals during which the stimulator isolation circuitry electrically disconnects the stimulator from the distal end of the analog cable and the EMG isolation circuitry electrically connects the EMG circuitry with the distal end of the analog cable (e.g. [0022]-[0024] Fig 1). Regarding claim 8, Sharma discloses wherein: the stimulator is not mounted on or in the garment, the stimulator isolation circuitry is not mounted on or in the garment, the EMG circuitry is not mounted on or in the garment, the EMG isolation circuitry is not mounted on or in the garment, and the control circuitry is not mounted on or in the garment (e.g. [0022] the electronic controller 20 which generates everything can be wirelessly connected to the electrodes garment). Regarding claim 9, Sharma discloses wherein: a first module includes the stimulator isolation circuitry, the EMG circuitry, the EMG isolation circuitry, and the control circuitry, the distal end of the analog cable connected with the first module (e.g. [0022]-[0026] ;[0033] Fig 1); the stimulator is separate from the first module and is connected with the first module by one or more electrical cables (e.g. [0033] the pulse generator can be omitted from the electronic controller 20); and the system further includes a computer connected to control the first module and the stimulator and to receive the digitized EMG data (e.g. [0026] the system may be connected to a desktop computer). Regarding claim 11, Sharma discloses wherein the EMG circuitry further includes analog bandpass filters interposed between outputs of respective analog amplifiers and inputs of respective analog-to-digital converters (e.g. [0026]-[0027]; [0039]). 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. Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sharma in view of Pribula (US 2022/0176102 A1) Regarding claim 14, Sharma is silent regarding wherein the analog cable comprises a bundle of twisted wire pairs in which each twisted wire pair connects to a pair of the electrodes of the garment. However, Pribula discloses an insulated electrode for delivering treatment to a patient wherein the analog cable comprises a bundle of twisted wire pairs in which each twisted wire pair connects to a pair of the electrodes (e.g. [0042]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Sharma to incorporate the teachings of Pribula wherein the analog cable comprises a bundle of twisted wire pairs in which each twisted wire pair connects to a pair of the electrodes of the garment for the purpose of utilizing a known way of wiring electrodes to block interference (e.g. Pribula [0042]). Allowable Subject Matter The prior art neither teaches nor suggest, a method of combined electromyography (EMG) measurements and stimulation of a target anatomy, delivering transcutaneous electrical stimulation via electrodes of a garment being worn during the time of stimulation using EMG isolation circuitry to electrically isolate the EMG circuitry from the electrodes of the garment and during the EMG time interval using stimulation isolation circuitry to electrically isolate the stimulator from the electrodes of the garment and except during the output time subintervals of the EMG time interval, clamping circuit nodes located between the EMG isolation circuitry and the EMG circuitry to a clamp voltage. Claims 2-7, 10, and 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSANDRA F HOUGH whose telephone number is (571)270-7902. The examiner can normally be reached Monday-Thursday 7 am - 4 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571)270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Jessandra Hough September 18, 2026 /J.F.H./Examiner, Art Unit 3796 /William J Levicky/Primary Examiner, Art Unit 3796
Read full office action

Prosecution Timeline

Mar 21, 2024
Application Filed
Sep 25, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12746405
Reducing Electrosensation Whilst Treating A Subject Using Alternating Electric Fields
4y 0m to grant Granted Sep 29, 2026
Patent 12702822
PARA-AORTIC BLOOD PUMP DEVICE
4y 5m to grant Granted Aug 11, 2026
Patent 12697166
APPARATUS, SYSTEMS, AND METHODS FOR IDENTIFYING INSTRUMENTS IN LAPAROSCOPIC AND OTHER MINIMALLY INVASIVE SURGERY
7y 0m to grant Granted Aug 04, 2026
Patent 12691298
PHOTOTHERAPY DEVICES FOR TREATMENT OF DERMATOLOGICAL DISORDERS OF THE SCALP
4y 2m to grant Granted Jul 28, 2026
Patent 12678617
NEURAL SLEEVE FOR NEUROMUSCULAR STIMULATION, SENSING AND RECORDING
3y 10m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
46%
Grant Probability
81%
With Interview (+35.8%)
3y 11m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 305 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month