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 Group II, Claims 71-76 and 80-81, in the reply filed on 26 May 2026 is acknowledged. Claims 151-167 have been added in applicant’s response, belonging to Group II. All other claims, including those withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/group, have been cancelled.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 71-76, 80-81, and 151-167 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levine et al. (US 2016/0067497; hereinafter “Levine”).
Regarding claim 71, Levine discloses a system for generating an electrotherapeutic pulse to be delivered to a patient, the system comprising: an energy storage capacitor for providing electrotherapeutic current to the patient (e.g. Fig. 12A – capacitors on either side of the limiter which provide the appropriate voltage and current for providing therapy to the patient); a therapeutic current control network, electrically coupled to the energy storage capacitor, for controlling the electrotherapeutic current to be delivered to the patient (e.g. Fig. 12A – where multiple components in this diagram make up the control network which controls current delivered to the patient), the therapeutic current control network comprising a resonant electrical circuit (e.g. Fig. 12A - Inductor/Capacitor in parallel – LC which receive power) and at least one current control switch (e.g. ¶¶ 177 – S1 is a switch used to control voltage), wherein energy provided by the energy storage capacitor flows through the resonant electrical circuit, wherein the resonant electrical circuit is configured to boost a voltage of the electrotherapeutic pulse to be delivered to the patient (e.g. ¶¶ 177 – “battery voltage may not be high enough to overcome the electrode impedances, in this case the Voltage multiplier is enabled to increase the stimulation voltage. The bipolar current sources are connected in an H-bridge formation (see FIG. 19) and the output capacitors allow a positive voltage to be swung negatively yielding peak to peak voltage swings double the stimulation voltage.”); and a controller electrically coupled to the energy storage capacitor and the therapeutic current control network (e.g. ¶¶ 177 – MCU (Microcontroller)), wherein the controller is configured to, in connection with the energy provided by the energy storage capacitor that flows through the resonant electrical circuit, control operation of the at least one current control switch of the therapeutic current control network in delivering an electrotherapeutic waveform to the patient to correspond with a specified waveform (e.g. ¶¶ 177).
Regarding claim 72, Levine discloses the at least one current control switch comprising at least one MOSFET, wherein the control of the operation of the at least one current control switch in delivering the electrotherapeutic waveform to the patient to correspond with the specified waveform comprises controlling a switching frequency of the at least one current control switch (e.g. ¶¶ 179).
Regarding claim 73, Levine discloses the resonant electrical circuit is connected with the patient in a parallel configuration (e.g. Fig. 12A – where the LC circuit is configured in parallel).
Regarding claim 74, Levine discloses the energy storage capacitor and a first portion of the therapeutic current control network comprising an inductor and are connected via a first node, the first portion of the therapeutic current control network and a second portion of the therapeutic current control network comprising the resonant electrical circuit and a rectifier are connected via a second node (e.g. Fig. 12A – where the first node is the node above the LC in parallel, and the second node is after S2 switch), and the second portion of the therapeutic current control network and a third portion of the therapeutic current control network comprising a capacitor and a patient load are connected via a third node (e.g. Fig. 12A – where the MC connected to bipolar current source is considered the third node).
Regarding claim 75, Levine discloses the at least one current control switch is connected with at least a portion of the resonant electrical circuit in a series configuration (e.g. Fig. 12A – where the MC is connected with the shared first node in series).
Regarding claim 76, Levine discloses at least one sensor configured to sense at least one electrical parameter from which current flow to the patient can be determined or estimated, wherein the controller is configured to: process a signal associated with the sensed at least one electrical parameter, compare the processed signal with a second signal associated with the specified waveform; and control operation of the at least one current control switch of the therapeutic current control network in adjusting delivery of the electrotherapeutic waveform to the patient to correspond with the specified waveform (e.g. ¶¶ 311 – where the waveform rectifier adjust the parameters to maintain a specific waveform).
Regarding claims 80-81, Levine discloses the resonant electrical circuit comprises a resonant tank where the resonant tank is at least a two element resonant tank (e.g. Fig. 12A – where the LC in parallel is a two element tank circuit).
Regarding claim 151, Levine discloses a battery and a bidirectional charging control network, wherein: the battery and the bidirectional charging control network are connected via a first node and a second node, and the bidirectional charging control network and the energy storage capacitor are connected via a third node and a fourth node, wherein: the bidirectional charging control network is for controlling energy flow from the battery to the energy storage capacitor for storage by the energy storage capacitor, and from the energy storage capacitor to the battery for storage by the battery (e.g. ¶¶ 30 – “Power may be extracted from an antenna in the resonant circuit by rectifying using SiGe or appropriately fast low loss diodes, limiting the peak voltage with a zener diode to the maximum voltage that can be tolerated by the integrated circuit and capacitor, and then filtered by a capacitor. Data is transmitted back to the charger/programmer by either changing the Q of the resonant antenna circuit directly by loading the circuit dynamically.”).
Regarding claims 152-153, Levine discloses a rectifier is configured for use in conversion of alternating current to direct current and wherein the bidirectional charging control network comprises a second resonant electrical circuit (e.g. ¶¶ 30 – “Power may be extracted from an antenna in the resonant circuit by rectifying using SiGe or appropriately fast low loss diodes, limiting the peak voltage with a zener diode to the maximum voltage that can be tolerated by the integrated circuit and capacitor, and then filtered by a capacitor. Data is transmitted back to the charger/programmer by either changing the Q of the resonant antenna circuit directly by loading the circuit dynamically.”).
Regarding claims 154-155, Levine discloses a rectifier is configured for use in conversion of alternating current to direct current and wherein the bidirectional charging control network comprises a second resonant electrical circuit (e.g. ¶¶ 30 – “Power may be extracted from an antenna in the resonant circuit by rectifying using SiGe or appropriately fast low loss diodes, limiting the peak voltage with a zener diode to the maximum voltage that can be tolerated by the integrated circuit and capacitor, and then filtered by a capacitor. Data is transmitted back to the charger/programmer by either changing the Q of the resonant antenna circuit directly by loading the circuit dynamically.”).
Regarding claims 156-157, Levine discloses the resonant electrical circuit comprises a two element resonant tank (e.g. Fig. 12A – where the LC in parallel is a two element tank circuit).
Regarding claims 158-159, Levine discloses the resonant tank is a three element resonant tank (e.g. Fig. 12A – where the LCC in parallel are on the left side of the circuit).
Regarding claims 160-161, Levine discloses the resonant tank is a four element LCLC resonant tank (e.g. ¶¶ 328).
Regarding claims 162-163, Levine discloses a computerized mobile device is configured to deliver the electrotherapeutic pulse to the patient, wherein the electrotherapeutic pulse has an energy of between 1 - 400 joules where the computerized mobile device has an energy density, given by an energy of the electrotherapeutic pulse to be delivered to the patient relative to a volume defined by a housing of the mobile device, of between 0.5 - 4.00 joules per cubic centimeter (e.g. ¶¶ 159-163).
Regarding claim 164, Levine discloses the computerized mobile device has a volume, defined by a housing of the mobile device, variant on the nerve treated and includes sizing between 100 - 1,200 cubic centimeters (e.g. Fig. 21A; ¶¶ 191).
Regarding claim 165, Levine discloses the electrotherapeutic waveform is for defibrillation or pacing (e.g. ¶¶ 5 – ICD).
Regarding claim 166, Levine discloses the therapeutic current control network comprises a patient relay circuit configured for use in control of allowing current flow through a patient load, wherein the patient relay circuit comprises at least one patient relay switch comprising a wide bandgap material (e.g. ¶¶ 225 – “typical bandgap reference circuit”).
Regarding claim 167, Levine discloses a peak energy efficiency of the system in delivering the electrotherapeutic pulse to the patient is at least 80 percent, wherein the electrotherapeutic pulse delivered to the patient delivers an amount of energy to the patient that is no more than 15 percent different than an amount of energy of the specified waveform and wherein the specified waveform is a biphasic rectilinear current waveform (e.g. ¶¶ 194).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
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.
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/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796
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