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 .
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)(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, 18, and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Starr et al (US 20160263380 A1, hereinafter “Starr”).
Regarding claim 1, Starr discloses a method comprising: a) receiving, at a processor, first data indicating a value of a local field potential (LFP) over a first time period from one or more first contacts positioned adjacent a region of a brain of a subject (par 0033, see figure 15; amplitude reading before DBS); b) receiving, at the processor, second data indicating a first frequency spectrum of the first data over the first time period (par 0033, see figure 15; spectral density for time period before DBS); c) receiving, at the processor, third data indicating a value of a LFP over each of a respective plurality of second time periods from the one or more first contacts, wherein the region of the brain is stimulated by one or more second contacts over the respective plurality of second time periods based on a respective plurality of values of a stimulation parameter (par 0033, see figure 15; amplitude readings during DBS); d) receiving, at the processor, fourth data indicating a value of a plurality of second frequency spectrums of the third data for each of the respective plurality of values of the stimulation parameter (par 0033, see figure 15; spectral density for time period during DBS); e) determining, with the processor, a frequency band that encompasses a characteristic of a difference between a value of a parameter of the first frequency spectrum and a value of a parameter of one of the plurality of second frequency spectrums (par 0069); f) determining, with the processor, a value of a parameter of each of the plurality of second frequency spectrums over the frequency band for each respective value of the stimulation parameter (pars 0033, 0069); and g) determining, with the processor, a value of an optimal stimulation parameter based on the value of the parameter of each of the plurality of second frequency spectrums over the frequency band and the respective value of the stimulation parameter in step f) (par 0007, 0013, 0056-0057, 0089-0092).
Regarding claim 18, Starr discloses an apparatus comprising: one or more first contacts configured to be positioned adjacent a region of a brain of a subject (pars 0061-0062); one or more second contacts configured to be positioned adjacent the region of the brain (pars 0061-0062); at least one processor (par 0007); and at least one memory including one or more sequences of instructions (par 0101), the at least one memory and the one or more sequences of instructions configured to, with the at least one processor, cause the apparatus to perform at least the following (par 0101), a) receive first data indicating a value of a local field potential (LFP) over a first time period from the one or more first contacts (par 0033, see figure 15; amplitude reading before DBS); b) receive second data indicating a first frequency spectrum of the first data over the first time period (par 0033, see figure 15; spectral density for time period before DBS); c) receive third data indicating a value of the LFP over each of a respective plurality of second time periods from the one or more first contacts, wherein the region of the brain is stimulated by the one or more second contacts over the respective plurality of second time periods based on a respective plurality of values of a stimulation parameter (par 0033, see figure 15; amplitude readings during DBS); d) receive fourth data indicating a value of the plurality of second frequency spectrums of the third data for each of the respective plurality of values of the stimulation parameter (par 0033, see figure 15; spectral density for time period during DBS); e) determine a frequency band that encompasses a characteristic of a difference between a value of a parameter of the first frequency spectrum and a value of a parameter of one of the plurality of second frequency spectrums (par 0033, 0069), wherein, optionally, the frequency band in step e) includes a beta range of frequency between about 13 Hz and about 30 Hz (par 0019-0020); f) determine a value of a parameter of each of the plurality of second frequency spectrums over the frequency band for each respective value of the stimulation parameter (par 0033, see figure 15; spectral density for time period during DBS); and g) determine a value of an optimal stimulation parameter based on the value of the parameter of each of the plurality of second frequency spectrums and each respective value of the stimulation parameter in step f) (par 0007, 0013, 0056-0057, 0089-0092).
Regarding claim 23, Starr discloses a non-transitory computer-readable medium carrying one or more sequences of instructions (par 0101), wherein execution of the one or more sequences of instructions by one or more processors causes the one or more processors to perform the steps of: receive first data indicating a value of a local field potential (LFP) over a first time period from one or more first contacts positioned adjacent a region of a brain of a subject (par 0033, see figure 15; amplitude reading before DBS); receive second data indicating a first frequency spectrum of the first data over the first time period (par 0033, see figure 15; spectral density for time period before DBS); receive third data indicating a value of the LFP over each of a respective plurality of second time periods from the one or more first contacts, wherein the region of the brain is stimulated by one or more second contacts over the respective plurality of second time periods based on a respective plurality of values of a stimulation parameter (par 0033, see figure 15; amplitude readings during DBS); receive fourth data indicating a value of a plurality of second frequency spectrums of the third data for each of the respective plurality of values of the stimulation parameter (par 0033, see figure 15; spectral density for time period during DBS); determine a frequency band that encompasses a characteristic of a difference between a value of a parameter of the first frequency spectrum and a value of a parameter of one of data indicating a value of a parameter of a frequency spectrum of the value of the LFP over each respective time period (par 0019-0020, 0033, 0069); determine a value of a parameter of each of the plurality of second frequency spectrums over the frequency band for each respective value of the stimulation parameter (par 0033, see figure 15; spectral density for time period during DBS); and determine a value of an optimal stimulation parameter based on the value of the parameter of each of the plurality of second frequency spectrums and each respective value of the stimulation parameter (par 0007, 0013, 0056-0057, 0089-0092).
Allowable Subject Matter
Claims 2-14, 16-17, 19, and 20 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 Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799
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