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 Species B, 3, I, c and ii in the reply filed on 7/31/2026 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/15/2024 and 3/25/2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: in the first paragraph, the continuity data should be updated to indicate that US App. No. 18/309,073 is now US Patent No. 12,168,135.
Appropriate correction is required.
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 21, 24-34 and 37-46 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Opie et al. (US 2018/0303595, hereinafter Opie).
Regarding claims 21, 24, 30, 34, 37 and 43, Opie discloses a system and method for measuring an electrophysiological signal in a subject (see abstract and par. 0017). A catheter 102 is deployed through a bodily vessel of the subject (fig. 25 and par. 0196). An electrode array comprising a plurality of electrodes 113 is advanced through the delivery catheter to a position in proximity to a motor cortex of the subject (fig. 25 and par. 0091). The electrode array is anchored using a radially self-expanding anchor 101 against a wall of the vessel without obstructing the vessel, such that the anchor is proximal to the electrodes (fig. 26 and 0196-0198). ECoG signals are recorded with a processor 191 in controller unit 12 implanted in a patient (fig. 1 and par. 0090, 0155, 0180).
Regarding claims 25, 26, 38 and 39, the anchor 101 can be a coil that, when fully expanded, is larger than the vessel, such that friction force applied by the coil against the vessel wall anchors the coil (par. 0010 and 0191).
Regarding claims 27, 28, 40 and 41, multiple electrode arrays on separate endovascular carriers can be implanted indifferent locations (fig. 29-30).
Regarding claims 29, 31-32, 42 and 44-45, the system is closed loop, such that when recorded signals (i.e., recorded mode) meet a threshold to indicate epilepsy, the output stimulation signals (i.e., stimulation mode) are adjusted to suppress the epilepsy (par. 0299-0300).
Regarding claims 33 and 46, the implanted device receives power (i.e., is charged) using wireless inductive charging using an antenna (par. 0096, 0180).
Claims 21-24, 30 and 34-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lamson et al. (US 2004/0015193, hereinafter Lamson).
Regarding claims 21-24, 30 and 34-37, Lamson discloses a system and method for measuring an electrophysiological signal in a brain of a subject (see par. 0031). A catheter 10c is deployed through a bodily vessel of the subject (fig. 8 and par. 0038, 0045). An electrode array comprising a plurality of electrodes 20c is advanced through the delivery catheter to a position in proximity to a motor cortex of the subject (fig. 8 and par. 0045). The electrode array is anchored using a radially self-expanding anchor shown in figure 7h against a wall of the vessel without obstructing the vessel, such that the anchor is proximal to the electrodes since it is attached to puncturing device 14 that is used to puncture and extend through the vessel wall (fig. 8 and par. 0044). ECoG signals are recorded with a processor 191 in controller unit 12 implanted in a patient (par. 0005).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892, especially US 2018/0236221, which discloses a method of measuring an ECoG signal from an array with a self-expanding anchor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric D Bertram whose telephone number is (571)272-3446. The examiner can normally be reached Monday-Friday 8am-6pm Central Time.
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, Jennifer McDonald can be reached at 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Eric D. Bertram/Primary Examiner, Art Unit 3796
Prosecution Insights