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)(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.
Claims 1-3, 9-10, 12-17, 21, 23-24, and 26-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Waldhauser et al. (U.S. Patent 2021/0370055).
Regarding claims 1, and 15, Waldhauser et al. disclose a method comprising:
programming a signal generator (“programmable pulse generator 2115,” [0903]) to:
deliver a first electrical signal to a target neural population of the patient via a first set of electrodes (electrical pulse/signal delivered through the electrodes 2222 on a first spline of splines 2210, see [0928] and figure 22E) of an implanted signal delivery device, the first electrical signal having individual pulses having a pulse width within a pulse width range of from about 5 milliseconds to about 2 seconds (see [0890]); and
deliver a second electrical signal to the target neural population via a second set of electrodes (electrical pulse/signal delivered through the electrodes 2222 on a second spline of splines 2210 different from the first spline, see [0928] and figure 22E) of the implanted signal delivery device, the second electrical signal having a frequency within a frequency range of from about 1.2 kHz to about 100 kHz (see [0890]),
wherein the first set of electrodes is different than the second set of electrodes, and wherein delivery of the first electrical signal at least partially temporally overlaps with delivery of the second electrical signal (see [0094], and [0890] for example).
Regarding claims 2-3, and 16-17, Waldhauser et al. disclose the claimed invention, see [0890].
Regarding claims 9-10, and 23-24, Waldhauser et al. disclose the claimed invention, see figure 22E.
Regarding claims 12-14, and 26-28, Waldhauser et al. disclose the claimed invention since heart/cardiac tissue and nerves which are peripheral also see [0241] and/or [0672] for the vagal/vagus nerve.
Regarding claim 21, Waldhauser et al. disclose the claimed invention, see [0241].
Regarding claim 29, Waldhauser et al. disclose the system comprising:
a signal delivery device having a plurality of electrodes (electrodes 2222 on the splines 2210, see [0928] and figure 22E) and configured to be implanted proximate a target neural population of a patient; and
a signal generator (“programmable pulse generator 2115,” [0903]) having a computer readable storage medium with instructions that, when executed, cause the signal generator to:
deliver a first electrical signal to a target neural population of the patient via a first set of electrodes (electrical pulse/signal delivered through the electrodes 2222 on a first spline of splines 2210, see [0928] and figure 22E) of an implanted signal delivery device, the first electrical signal having individual pulses having a pulse width within a pulse width range of from about 5 milliseconds to about 2 seconds (see [0890]); and
deliver a second electrical signal to the target neural population via a second set of electrodes (electrical pulse/signal delivered through the electrodes 2222 on a second spline of splines 2210 different from the first spline, see [0928] and figure 22E) of the implanted signal delivery device, the second electrical signal having a frequency within a frequency range of from about 1.2 kHz to about 100 kHz (see [0890]),
wherein the first set of electrodes is different than the second set of electrodes, and wherein delivery of the first electrical signal at least partially temporally overlaps with delivery of the second electrical signal (see [0094], and [0890] for example).
Regarding claims 30-31, Waldhauser et al. disclose the claimed invention, see figure 22E.
Allowable Subject Matter
Claims 4-8, 11, 18-20, 22, and 25 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 AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm.
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/AARON F ROANE/Primary Examiner, Art Unit 3792
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