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 19-26 in the reply filed on 8/13/26 is acknowledged. Species B2 is rejoined.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 19-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (US 2012/0277820).
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Regarding claims 19, 23, Wu discloses the same invention as claimed (Figures 5, 6A-B shown above for example), including a method of treating a patient having a neural condition with symptomatic episodes (abstract, Paragraph 4), the method comprising: recording first neural activity while the patient is not experiencing a symptomatic episode (e.g. Figure 5: 74, No at 76); receiving an indication from a patient of a symptomatic episode (Figure 5: Yes at 76; Paragraphs 44-48, 58-67); recording second neural activity during the symptomatic episode (Figure 5: Yes at 76; Paragraphs 44-48, 58-67); identifying characteristic frequencies (Paragraphs 61, 63, 84, 92, 99, 103; Figures 6A-B) of the first neural activity (i.e. non-pathological frequencies) and characteristic frequencies of the second neural activity (i.e. pathological frequencies); selecting a characteristic frequency occurring only in the first neural activity (i.e. non-pathological frequency) and issuing neural stimulation to enhance neural activity at the selected characteristic frequency (Figure 5: 80; Figures 6A-B: entrainment to a non-pathological frequency).
Regarding claims 20, 24, Wu discloses transforms from a time to frequency domain as recited (Paragraph 61).
Regarding claims 21, 25, Wu discloses patient input as recited (Paragraphs 30, 52).
Regarding claims 22, 26, Wu discloses sensing neural activity as recited (Paragraphs 61, 63, 84, 92, 99, 103).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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) 21, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu 1 (US 2012/0277820) in view of Wu 2 (US 2012/0271375).
Regarding claims 21, 25, assuming arguendo that Wu 1 does not show patient input as recited, Wu 2 teaches using patient input indicating a symptomatic episode as recited (Paragraphs 41, 57), in order to determine if a symptomatic episode is actually occurring. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Wu 1 as taught by Wu 2 to include using patient input as recited, in order to determine if a symptomatic episode is actually occurring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gupta (US 2012/0071947) shows stimulation to reinforce a favorable brain state.
Han (US 2022/0152399), Moffitt (US 2016/0082256), DeRidder (US 2016/0367812) show entraining towards nonpathological brain states.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eugene T Wu whose telephone number is (571)270-5053. The examiner can normally be reached M-F 8am-5pm.
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, Niketa Patel can be reached at 571-272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eugene T Wu/Primary Examiner, Art Unit 3796
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