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 of group I in the reply filed on 14 September 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Offutt et al (U.S. 2022/0331586). Offutt discloses (par. 0003) treating at least one condition impacted by a patient's splanchnic bed using spinal cord stimulation, comprising: providing an electrode array having a plurality of electrodes within a patient's spinal column (par. 0050); and providing from a spinal cord stimulator non-destructive electrical stimulation at at least one of the plurality of the electrodes, wherein the stimulation is configured to affect the sympathetic nervous system innervating the patient's splanchnic bed (par. 0041) to modulate one or more of (i) activity of one or more organs in the splanchnic bed (par. 0129), and (ii) a blood volume of the splanchnic bed (par. 0061).
Regarding claim 2, Offutt discloses (par. 0061) the stimulation is configured to increase the blood volume of the splanchnic bed.
Regarding claim 3, Offutt discloses (par. 0041) the stimulation stimulates one or more dorsal horns of the patient's spinal cord.
Regarding claim 4, Offutt discloses (par. 0051) the electrode array is provided longitudinally within the spinal column to configure the stimulation to affect at least one splanchnic nerve innervating the patient's splanchnic bed.
Regarding claim 5, Offutt discloses (par. 0098) the stimulation comprises a bipole in the electrode array.
Regarding claim 6, Offutt discloses (par. 0098) the stimulation comprises a monopole in the electrode array.
Regarding claim 7, Offutt discloses (par. 0116) the stimulation is not perceptible by the patient.
Regarding claim 8, Offutt discloses (par. 0050) the electrode array comprises a plurality of electrode leads.
Regarding claim 9, Offutt discloses (par. 0059) measuring a parameter indicative of at least one of the conditions impacted by the patient's splanchnic bed.
Regarding claim 10, Offutt discloses (par. 0061) the cardiovascular parameter is indicative of the blood volume of the patient's splanchnic bed.
Regarding claim 11, Offutt discloses (par. 0059-0061) the parameter is measured by a sensor.
Regarding claim 12, Offutt discloses (par. 0061) the parameter comprises a blood pressure of the patient.
Regarding claim 13, Offutt discloses (par. 0090) adjusting at the spinal cord stimulator the stimulation using the measured parameter.
Regarding claim 14, Offutt discloses (par. 0110) the parameter is measured periodically, and wherein the stimulation is adjusted in a closed loop fashion using the periodically measured parameter.
Regarding claim 15, Offutt discloses (par. 0047) wirelessly receiving the measured parameter at the spinal cord stimulator.
Regarding claim 16, Offutt discloses (par. 0057) the measured parameter is input using a graphical user interface of an external system in communication with the spinal cord stimulator.
Regarding claim 17, Offutt discloses (par. 0047 and 0057) wirelessly receiving the measured parameter at an external system in communication with the spinal cord stimulator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 2020/0268536 to DiLorenzo.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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, Unsu Jung can be reached at (571) 272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792
