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 I, Claims 1-15 and 17-20 in the reply filed on 2 June 2026 is acknowledged. Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/group, there being no allowable generic or linking claim.
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 1-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mishelevich et al. (US 2017/0246481; hereinafter “Mishelevich”).
Regarding claim 1, Mishelevich teaches the method for treating a condition, comprising: using at least one event detector to detect at least one predefined event (e.g. ¶¶ 723 – “seizure is detected in EEG recorder”); using a controller configured to use at least one defined event-therapy relationship and the detected at least one predefined event to coordinate at least two therapies delivered to at least two therapy targets (e.g. ¶¶ 504-505), wherein the at least two therapies include a first therapy delivered to a first therapy target and a second therapy delivered to a second therapy target (e.g. ¶¶ 504; Fig. 4 – where the caudate nucleus, DACG and Cingulate Genu are at least the therapy targets).
Regarding claim 17, Mishelevich discloses a system for treating a condition, comprising: at least one therapy delivery system configured to deliver at least two therapies to at least two therapy targets including deliver a first therapy to a first therapy target and deliver a second therapy to a second therapy target (e.g. ¶¶ 504; Fig. 4 – where the caudate nucleus, DACG and Cingulate Genu are at least the therapy targets); at least one event detector configured to detect at least one predefined event (e.g. ¶¶ 723 – “seizure is detected in EEG recorder”); and a controller configured to coordinate the at least two therapies based on the detected at least one predefined event using at least one defined event-therapy relationship (e.g. ¶¶ 504-505).
Regarding claims 2 and 18, Mishelevich discloses the at least two therapies include a deep brain stimulation (DBS) therapy to a DBS target and one or both of a vagus nerve stimulation therapy (VNS) to a vagal nerve target or a spinal cord stimulation therapy (SCS) to a target in or near a spinal cord (e.g. ¶¶ 219, 499, 713 – “An additional target is the vagal nerve”).
Regarding claims 3 and 19, Mishelevich discloses the at least two therapies include a first deep brain stimulation (DBS) therapy to a first DBS target and a second DBS therapy to a second DBS target (e.g. ¶¶ 504; Fig. 4 – where the caudate nucleus, DACG and Cingulate Genu are at least the therapy targets).
Regarding claims 4 and 20, Mishelevich discloses the first therapy includes a first vagal nerve stimulation (VNS) therapy to a first VNS target and the second therapy includes a second VNS therapy to a second VNS target (e.g. ¶¶ 713 – “An additional target is the vagal nerve”).
Regarding claim 5, Mishelevich discloses the at least two therapies include an epilepsy therapy for an epileptic condition (e.g. ¶¶ 376).
Regarding claim 6, Mishelevich discloses the at least one event detector is used to detect the at least one predefined event by receiving a user input and identifying a predefined event related to the epileptic condition using the user input (e.g. ¶¶ 723 – “seizure is detected in EEG recorder”).
Regarding claim 7, Mishelevich discloses the at least one event detector is used to detect the at least one predefined event by sensing electrical signals in a brain (e.g. ¶¶ 389, 503, 667, 723 – “seizure is detected in EEG recorder”).
Regarding claim 8, Mishelevich discloses the at least one event detector is used to detect the at least one predefined event by sensing movement or lack of movement (e.g. ¶¶ 373 – “detection of motion, say by movement of accelerometers”).
Regarding claim 9, Mishelevich discloses the at least one event detector is used to detect the at least one predefined event by analyzing an image of a patient to detect the predefined event related the epileptic condition (e.g. ¶¶ 265, 257 – “image (e.g., fMRI or PET) based”).
Regarding claim 10, Mishelevich discloses the at least two therapies include a deep brain stimulation (DBS) therapy to a DBS target and one or both of a vagus nerve stimulation therapy (VNS) to a vagal nerve target or a spinal cord stimulation therapy (SCS) to a target in or near a spinal cord, and the controller is used to coordinate the VNS therapy and the DBS therapy based on the detected at least one event (e.g. ¶¶ 504-505; 219, 499, 713 – “An additional target is the vagal nerve”).
Regarding claim 11, Mishelevich discloses the detected at least one event includes at least a first stage and a second stage for progression of the an epileptic condition, and at least one therapy delivery system is configured to coordinate the VNS therapy and the DBS therapy to provide a first therapy for the first stage and a second therapy for the second stage (e.g. ¶¶ 598, 306, etc.).
Regarding claim 12, Mishelevich discloses the detected at least one event includes a detected seizure event and a detected end to the seizure event, and the controller is used to deliver the first therapy during the seizure event and the second therapy after the seizure event\ (e.g. ¶¶ 723).
Regarding claim 13, Mishelevich discloses the at least two therapies include a dementia therapy for a dementia condition (e.g. ¶¶ 370, 380, etc.).
Regarding claim 14, Mishelevich discloses the at least two therapies include a deep brain stimulation (DBS) therapy to a DBS target and a vagus nerve stimulation therapy (VNS) to a vagal nerve target, the detected at least one predefined event includes a cognitive or a motor task, and the controller is used to coordinate the DBS therapy and the VNS therapy based on the cognitive task or the motor task (e.g. ¶¶ X).
Regarding claim 15, Mishelevich discloses the at least two therapies include a stroke therapy for a stroke condition (e.g. ¶¶ 337, 361, 398, etc.).
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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796
Prosecution Insights