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 .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 02/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
2. The amendment filed 12/23/2025 has been entered. Currently, claims 1-3, 5-7, 9, 11-19 remain pending in the application. Independent claims 1 and 13 were amended by Applicant without the addition of new matter. Additionally, claims 4, 8, 10, and 20 have been cancelled, but the subject matter has been introduced into claims 1 and 13. Additionally, claims 2-3, 5-7, 9, 11-13, and 15 have been amended without the addition of new matter, ultimately overcoming previous claim objections and 35 USC 112(B) rejections set forth in the Non-Final Office Action mailed 09/23/2025.
Response to Arguments
Applicant's arguments, see Remarks, Pages 5 and 6-8 filed 12/23/2025 have been fully considered but they are not persuasive. Applicant’s amendment to claim 1 of inserting the subject matter of cancelled claim 4, 8, 10, has overcome the previous 35 USC 102 rejection for claim 1. However, amended claim 1 is now rejected under 35 USC 103 based on the previous 35 USC 103 rejection for the original claims 4, 8 ,10. Furthermore, the amendment to claim 13 of inserting the subject matter of cancelled portion of claim 19 and cancelled claim 20, has overcome the previous 35 USC 102 rejection for claim 21. However, amended claim 13 is now rejected under 35 USC 103 based on the previous 35 USC 103 rejection for the original claims 19 and 20. The new rejection written below maintains prior art of record: Gelanyi (U.S. Patent Pub. No. 20190380857), Darvishi (U.S. Patent Pub. No. 20210251555 ), Melnikova (RU 158827 U1), Tong (U.S. Patent Pub. No. 20040082979).
Applicant makes the argument that “the drawing objections of the orthosis, electrode, processor is shown in Figure 7” (Remarks, Page 5).
In response to Applicant’s argument, the drawing objection remains because the claims positively recite these structures and the drawings don’t show these structures only a flow chart. Additionally and especially a mounting of the relative structure is claimed which requires structure.
5. Applicant makes the argument that “conversely to Darvishi, Applicant’s invention has one more electrodes that mounted to the orthosis” (Remarks, Pages 7-8).
In response to Applicant’s argument (Remarks, Pages 7-8), Darvishi is a secondary reference and is not applied for teaching any locational mounting, rather Darvishi only is applied for teaching the extraction features of the processor and the band pass filter. The primary reference, Gelanyi already discloses the mounting claim limitation.
Accordingly, the prior art from the Non-Final Office action mailed 09/23/2025 is maintained and the rejection modified to correspond to the amended claims below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “orthosis”, “electrode”, and “accelerometer” and “processor” structures in claims 1-2and 13-14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1, 3, 5, 9, 11, 16-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gelanyi (U.S. Patent Pub. No. 20190380857) in view of Darvishi (U.S. Patent Pub. No. 20210251555 ) .
Regarding claim 1, Gelanyi discloses a limb movement detection and stimulation system (Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7, active wrist orthosis 20 with mounted EMG recording electrodes 71,72,73 and stimulation electrodes 81,82 controlled by processor 22 that interprets signal indicating muscle activity from reading electrodes 71,72,73 and then sends an activation signal to stimulation electrodes 81,82 to facilitate the intended muscle activity) comprising: an orthosis 20 configured to receive a limb of a patient; one or more recording electrodes 71,72,73 mounted to the orthosis 20; one or more stimulation electrodes 81,82 mounted to the orthosis 20; and a processor 22 operatively coupled to the orthosis 20, wherein the processor 22 is configured to: determine, based on data sensed by the one or more recording electrodes 71,72,73, that the patient intends a limb movement; determine a movement state corresponding to the limb movement; and energize the one or more stimulation electrodes 81,82 to facilitate the movement state; wherein the data sensed by the one or more recording electrodes 71,72,73 (Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7) comprises raw electromyographic data.
However, Gelanyi fails to explicitly disclose wherein the processor is configured to extract one or more features from the raw electromyographic data; wherein the processor determines the movement state based at least in part on the one or more extracted features.
Darvishi teaches an analogous movement detection and stimulation method (Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171 and Figure 1B and 5C, wearable apparatus with EEG and EMG electrode-sensors that detects user intended muscle activity and generates a signal that has amplitude and frequency data extracted 24 then processed 26 via a bandpass filter in processor computer 30 to then accurately provide electrical stimuli to user’s fingers and hand) wherein the analogous processor (Paragraphs 86, 109, and Figure 1B, signal noise processing by extracting amplitude and desired frequency) is configured to extract one or more features from the raw electromyographic data; wherein the analogous processor (Paragraph 85, computer processor 30 determines intention to perform instructed action was formed during sampling window based on high quality extracted signal features) determines the analogous movement state based at least in part on the one or more extracted features.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the signal at the processor of Gelanyi, so that the processor is configured to extract one or more features from the raw electromyographic data, wherein the processor determines the movement state based at least in part on the one or more extracted features, as taught by Darvishi, in order to provide an improved movement detection and stimulation system with an enhanced processor that provides signal extraction and processing via high quality extraction of signal features for desirably removing unwanted frequencies and amplitude to more accurately predict intended muscle activity (Darvishi, Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171).
Regarding claim 3, the combination of Gelanyi in view of Darvishi discloses the invention as described above. Gelanyi further discloses wherein, upon being energized, the one or more stimulation electrodes 81,82 (Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7) stimulate the limb in response to the detected intended limb movement.
Regarding claim 5, the combination of Gelanyi in view of Darvishi discloses the invention as described above but fails to explicitly disclose a bandpass filter, wherein the processor uses the bandpass filter to filter the raw electromyographic data.
Darvishi further teaches an analogous movement detection and stimulation method (Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171 and Figure 1B and 5C, wearable apparatus with EEG and EMG electrode-sensors that detects user intended muscle activity and generates a signal that has amplitude and frequency data extracted 24 then processed 26 via a bandpass filter in processor computer 30 to then accurately provide electrical stimuli to user’s fingers and hand) a bandpass filter, wherein the analogous processor 30 uses the bandpass filter to filter the analogous raw electromyographic data.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the signal at the processor of Gelanyi in view of Darvishi, so that there is also a bandpass filter, wherein the processor uses the bandpass filter to filter the raw electromyographic data, as taught by Darvishi, in order to provide an improved movement detection and stimulation system with an enhanced processor that provides signal extraction and processing via a bandpass filter for desirably removing unwanted frequencies and amplitude to more accurately predict intended muscle activity (Darvishi, Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171).
Regarding claim 9, the combination of Gelanyi in view of Darvishi discloses the invention as described above and further discloses wherein the one or more extracted features (Darvishi, Paragraphs 85-86, 109, and Figure 1B, signal noise processing by extracting amplitude and desired frequency) include one or more of an amplitude and a frequency.
Regarding claim 11, the combination of Gelanyi in view of Darvishi discloses the invention as described above and further discloses wherein the processor compares the one or more extracted features to one or more thresholds (Darvishi, Paragraphs 85, 116, comparing high quality extracted signal features to threshold classifications) to determines the movement state.
Regarding claim 12, the combination of Gelanyi in view of Darvishi discloses the invention as described above. Gelanyi further discloses a transceiver 26 (Paragraphs 48-49 and 68, wireless communication unit 26 communicates with an external device such as smartphone 100) operatively coupled to the processor, wherein the transceiver is configured to communicate with a remote computing device 100.
Regarding claim 13, Gelanyi discloses a method for performing limb movement detection and stimulation (Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7, active wrist orthosis 20 with mounted EMG recording electrodes 71,72,73 and stimulation electrodes 81,82 controlled by processor 22 that interprets signal indicating muscle activity from reading electrodes 71,72,73 and then sends an activation signal to stimulation electrodes 81,82 to facilitate the intended muscle activity), the method comprising: sensing data by one or more recording electrodes71,72,73 mounted to an orthosis 20 that is configured to receive a limb of a patient; determining, by a processor 22 operatively coupled to the orthosis 20 and based on the data sensed by the one or more recording electrodes71,72,73 , that the patient intends a limb movement; determining, by the processor 22, a movement state corresponding to the limb movement; and energizing, by the processor 22, one or more stimulation electrodes 81,82mounted to the orthosis 20 to facilitate the movement state.
However, Gelanyi fails to explicitly disclose extracting, by the processor, one or more features from the data sensed by the one or more recording electrodes; determining, by the processor the movement state based at least in part on the one or more extracted features.
Darvishi teaches an analogous movement detection and stimulation method (Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171 and Figure 1B and 5C, wearable apparatus with EEG and EMG electrode-sensors that detects user intended muscle activity and generates a signal that has amplitude and frequency data extracted 24 then processed 26 via a bandpass filter in processor computer 30 to then accurately provide electrical stimuli to user’s fingers and hand) with extracting, by the analogous processor 30 one or more features from the analogous data ( Paragraphs 86, 109, and Figure 1B, signal noise processing by extracting amplitude and desired frequency from the sensed data signal) sensed by the one or more analogous recording electrodes (Darvishi, Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171 and Figure 1B and 5C, EMG and EEG reading electrodes); determining, by the analogous processor 30 (Paragraphs 85-86, 109, and Figure 1B, signal noise processing by extracting amplitude and desired frequency for intended movement state), the movement state based at least in part on the one or more extracted features.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the signal at the processor of Gelanyi, so that extracting, by the processor, one or more features from the data sensed by the one or more recording electrodes, determining, by the processor the movement state based at least in part on the one or more extracted features, as taught by Darvishi, in order to provide an improved movement detection and stimulation method with an enhanced processor that provides signal extraction and processing via high quality extraction of signal features for desirably removing unwanted frequencies and amplitude to more accurately predict intended muscle activity (Darvishi, Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171).
Regarding claim 16, the combination of Gelanyi in view of Darvishi discloses the invention as described above. Gelanyi further stimulating, by the one or more stimulation electrodes 81,82 (Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7), the limb in response to the detected intended limb movement.
Regarding claim 17, the combination of Gelanyi in view of Darvishi discloses the invention as described above but fails to explicitly disclose applying a bandpass filter to the data sensed by the one or more recording electrodes.
Darvishi further teaches an analogous movement detection and stimulation method (Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171 and Figure 1B and 5C, wearable apparatus with EEG and EMG electrode-sensors that detects user intended muscle activity and generates a signal that has amplitude and frequency data extracted 24 then processed 26 via a bandpass filter in processor computer 30 to then accurately provide electrical stimuli to user’s fingers and hand) with analogous processor 30 that applies a bandpass filter to the analogous data sensed by the one or more analogous recording electrodes (Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171 and Figure 1B and 5C, EMG and EEG reading electrodes).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the signal at the processor of Gelanyi in view of Darvishi, so that there is also a bandpass filter to the data sensed by the one or more recording electrodes, as taught by Darvishi, in order to provide an improved movement detection and stimulation method with an enhanced recording electrode and processor operation that provides signal extraction and processing via a bandpass filter for desirably removing unwanted frequencies and amplitude to more accurately predict intended muscle activity (Darvishi, Paragraphs 44-46, 79, 84-86, 107, 109, 144, 171).
Regarding claim 19, the combination of Gelanyi in view of Darvishi discloses the invention as described above and further discloses wherein the one or more extracted features (Darvishi, Paragraphs 86, 109, and Figure 1B, signal noise processing by extracting amplitude and desired frequency from the sensed data signal) include one or more of an amplitude and a frequency.
Claims 2 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gelanyi (U.S. Patent Pub. No. 20190380857) in view of Darvishi (U.S. Patent Pub. No. 20210251555 ), as applied to claims 1 and 13, respectively, and in further view of Tong (U.S. Patent Pub. No. 20040082979) .
Regarding claim 2, the combination of Gelanyi in view of Darvishi discloses the invention as described above but fails to explicitly disclose an accelerometer configured to detect a change in the relative positions of the one or more recording electrodes and the one or more stimulation electrodes with respect to a muscle that controls the limb.
Tong teaches an analogous limb movement detection and stimulation system (Paragraphs 48-51, 64, 70-71, 261 and Figure 3, hand-wrist orthosis 100 with a processor controlled accelerometer 13 that detects for palm angle tilt in wrist extension, which thereby detects a change of the pressure sensor 12 and gyroscope 14 adjacent the accelerometer 13 during flexion/extension as well as the stimulating electrodes 5-6 on the hand compared to the stimulating electrodes 1-4 on the forearm during flexion/extension) with an analogous orthosis 100 wherein an accelerometer 13 is configured to detect a change in a relative positions of the one or more analogous recording sensors 12,14 (Paragraphs 51, 64, and 70-71 and Figure 3, pressure sensor 12 and gyroscope 14 are recording body data signals and the accelerometer 13 adjacent thereto detects movement relative to the body to determine a wrist flexion/extension indented activity. Thereby, the accelerometer 13 is construed to detect movement of the body relative to the pressure sensor 12 and gyroscope 14 as the pressure sensor 12 and gyroscope 14 are mounted directly adjacent thereto; Furthermore, common capacitive pressure sensors and microelectromechanical gyroscopes are types of recording electrode sensors further supporting analogousness with the EMG electrode sensor of Gelanyi) and the one or more analogous stimulation electrodes 1-6 (Paragraphs 64, 70-71, stimulating electrodes 1-4 are located on the forearm and stimulating electrodes 5-6 are positioned on hand with the accelerometer 13 also positioned on the hand adjacent thereto. The accelerometer 13 determine a wrist flexion/extension indented activity. Thereby the accelerometer 13 is construed to detect movement of the forearm and corresponding forearm electrodes 1-4 relative to the hand and corresponding hand electrodes 5-6) with respect to a muscle that controls the limb.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the recording and stimulating electrodes and processor of Gelanyi in view of Darvishi, so that there is also an accelerometer configured to detect a change in the relative positions of the one or more recording electrodes and the one or more stimulation electrodes with respect to a muscle that controls the limb, as taught by Tong, in order to provide an improved movement detection and stimulation system with an enhanced electrode and processor circuitry that also includes an accelerometer for detecting body movement across a body which corresponds to movement changes of the recording and stimulating electrodes relative to the body for desirable motion dependent adjustment via the signal from the accelerometer (Tong, Paragraphs 51, 64, and 70-71).
Regarding claim 14, the combination of Gelanyi in view of Darvishi discloses the invention as described above but fails to explicitly disclose controlling, by the processor, an accelerometer mounted to the orthosis.
Tong teaches an analogous limb movement detection and stimulation method (Paragraphs 48-51, 64, 70-71, 261 and Figure 3, hand-wrist orthosis 100 with processor controlled accelerometer 13 that detects for palm angle tilt in wrist extension, which thereby detects a change of the pressure sensor 12 and gyroscope 14 adjacent the accelerometer 13 during flexion/extension as well as the stimulating electrodes 5-6 on the hand compared to the stimulating electrodes 1-4 on the forearm during flexion/extension) with an analogous orthosis 100 wherein controlling, by the analogous processor Paragraph 261), an accelerometer 13 mounted to the analogous orthosis 100.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the recording and stimulating electrodes and processor of Gelanyi in view of Darvishi, so that the processor also controls an accelerometer mounted to the orthosis, as taught by Tong, in order to provide an improved movement detection and stimulation method with an enhanced electrode and processor circuitry that also includes an accelerometer for detecting body movement across a body which corresponds to movement changes of the recording and stimulating electrodes relative to the body for desirable motion dependent adjustment via the signal from the accelerometer (Tong, Paragraphs 51, 64, and 70-71).
Regarding claim 15, the combination of Gelanyi in view of Darvishi in view of Tong discloses the invention as described above and further discloses wherein the processor (Galanyi, Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7, processor 22 controlling electrodes 71,72,73 and 81,82; Tong, Paragraphs 48-51, 64, 70-71, 261 and Figure 3, processor controlling recording sensors 12,14 and stimulating electrodes 1-6 as well as accelerometer 13) controls the accelerometer to detect a change in a relative position (Tong, Paragraphs 48-51, 64, 70-71, 261 and Figure 3, pressure sensor 12 and gyroscope 14 are recording body movement data signals and the accelerometer 13 adjacent thereto detects movement relative to the body to determine a wrist flexion/extension indented activity. Thereby the accelerometer 13 is construed to detect movement of the body relative to the pressure sensor 12 and gyroscope 14 as the pressure sensor 12 and gyroscope 14 are located directly adjacent thereto. Also, stimulating electrodes 1-4 are located on the forearm and stimulating electrodes 5-6 are positioned on hand, such that the accelerometer 13 also positioned on the hand adjacent to the stimulating electrodes 5-6 detects movement relative to the body muscles to determine a wrist flexion/extension indented activity. Thereby the accelerometer 13 is construed to detect movement of the forearm and corresponding forearm electrodes 1-4 relative to the hand and corresponding hand electrodes 5-6 ) of the one or more recording electrodes (Galanyi, Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7, recording EMG electrodes 71,72,73; Tong, Paragraphs 48-51, 64, 70-71, 261 and Figure 3, recording sensors 12,14) and the one or more stimulation electrodes (Galanyi, Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7, stimulating electrodes 81,82; Tong, Paragraphs 48-51, 64, 70-71, 261 and Figure 3, stimulating electrodes 1-6) with respect to a muscle that controls the limb.
11. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Gelanyi (U.S. Patent Pub. No. 20190380857) in view of Darvishi (U.S. Patent Pub. No. 20210251555 ), as applied to claim 5, and in further view of Melnikova (RU 158827 U1).
Regarding claim 6, the combination of Gelanyi in view of Darvishi discloses the invention as described above and further discloses wherein the processor (Gelanyi, Paragraphs 59, 61-63, 69-70, 74-75 and Figures 4-7, processor 22 for intended muscle movement; Darvishi, Paragraphs 85-86, 109, and Figure 1B, signal noise processing by extracting amplitude and desired frequency for intended movement state) applies to the electromyographic data responsive to the determination that the patient intends the limb movement.
However, the combination of Gelanyi in view of Darvishi fails to explicitly disclose a coherence-based notch filter, wherein the processor applies the coherence-based notch filter to the electromyographic data responsive to the determination that the patient intends the limb movement.
Melnikova teaches an analogous movement detection and stimulation system (Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1, skin surface EMG and EEG electrode record signal data that is then processed by microcontroller that uses coherence notch filtering based on user- individualized amplitude averaging which then sends a stimulation signal to stimulate the ulnar nerve for example to perform a limb movement) with a coherence-based notch filter (Page 7/15, last paragraph and Page 8/15, Paragraph 1), wherein the analogous processor (Page 3/15, line 5) applies the coherence-based notch filter (Page 7/15, last paragraph and Page 8/15, Paragraph 1) to the analogous electromyographic data (Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1, skin surface EMG and EEG electrode record signal data) responsive to the determination that the patient intends the limb movement.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the processor analyzing the recording electrode data of Gelanyi in view of Darvishi, so that there is also a coherence-based notch filter, wherein the processor applies the coherence-based notch filter to the electromyographic data responsive to the determination that the patient intends the limb movement, as taught by Melnikova, in order to provide an improved movement detection and stimulation system with an enhanced processor that provides signal filtering via user-individualized coherency accumulation values for accurately removing unwanted signal noise (Melnikova, Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1).
Regarding claim 7, the combination of Gelanyi in view of Darvishi in view of Melnikova discloses the invention as described above and further discloses wherein the coherence-based notch filter (Melnikova, Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1, body worn EMG and EEG sensors to detect body movement with signal filter processing defined by coherency calculation utilizing user individualized physiological signal values) is user specific.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gelanyi (U.S. Patent Pub. No. 20190380857) Darvishi (U.S. Patent Pub. No. 20210251555 ), as applied to claim 13, and in further view of Melnikova (RU 158827 U1).
Regarding claim 18, Gelanyi discloses the invention as described above but fails to explicitly disclose applying a coherence-based notch filter to the data sensed by the one or more recording electrodes.
Melnikova teaches an analogous movement detection and stimulation system (Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1, skin surface EMG and EEG electrode record signal data that is then processed by microcontroller that uses coherence notch filtering based on user- individualized amplitude averaging which then sends a stimulation signal to stimulate the ulnar nerve for example to perform a limb movement) with an analogous processor (Page 3/15, line 5) applying a coherence-based notch filter (Page 7/15, last paragraph and Page 8/15, Paragraph 1) to the analogous data sensed by the one or more analogous recording electrodes (Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1, skin surface EMG and EEG electrode record signal data).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the processor analyzing the recording electrode data of Gelanyi, so that there is also a coherence-based notch filter applied to the data sensed by the one or more recording electrodes, as taught by Melnikova, in order to provide an improved movement detection and stimulation method with an enhanced processor that provides signal filtering via user-individualized coherency accumulation values for accurately removing unwanted signal noise (Melnikova, Page 3/15, line 5, Page 4/15, Paragraph 1, Page 5/15, Paragraph 1, Page 7/15, last paragraph, Page 8/15, Paragraph 1).
Conclusion
Applicant's amendment changed the scope of the claims, but did not necessitate a new grounds of rejection based on new references. 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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached on +1(571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786