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 .
Double Patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10118036. Although the claims at issue are not identical, they are not patentably distinct from each other because both require providing at least one stochastically-modulated parameter.
1. A system for use with an electrode arrangement, comprising: a neuromodulator configured to deliver neuromodulation energy to at least one electrode set in the electrode arrangement; and a device configured to be communicatively coupled to the neuromodulator, the device including an interface configured to receive at least one user input corresponding to one of at least a first stochastically modulated neuromodulation parameter set or a second stochastically modulated neuromodulation parameter set, the neuromodulator to deliver the neuromodulation energy according to the corresponding one of the at least the first stochastically modulated neuromodulation parameter set or the second stochastically modulated neuromodulation parameter set based on the at least one user input.
A system for use with a neuromodulation device, the neuromodulation device including a neuromodulation generator, a neuromodulation control circuit and a storage, the storage including a neuromodulation parameter set, the system comprising: an interface configured to receive at least one selection; anda stochastic modulator configured to use at least one modulation model to stochastically modulate at least one neuromodulation parameter, the stochastic modulator configured to provide the at least one stochastically-modulated parameter based at least in part on the received selection,
2. The system of claim 1, wherein the first stochastically modulated neuromodulation parameter set and the second stochastically modulated neuromodulation parameter set have different distributions.
3. The system of claim 2, wherein the at least one selected stochastic modulation model includes at least one of a Poisson distribution or a normal distribution.
5. The system of claim 2, wherein the different distributions correspond to different stochastic modulation models.
17. The method of claim 16, wherein the at least one selection includes at least one selected stochastic modulation model to be used by the stochastic modulator to stochastically-modulate the at least one neuromodulation parameter.
6. The system of claim 2, wherein the different distributions correspond to different values that at least partially define a stochastic modulation model.
19. The method of claim 16, wherein the at least one selection includes at least one selected modulation parameter value that at least partially defines the at least one stochastic modulation model.
7. The system of claim 6, wherein the different values include at least one of a mean or standard deviation for a normal distribution or a lambda for a Poisson distribution.
9. The system of claim 7, wherein the selected modulation parameter value that at least partially defines the at least one stochastic modulation model includes a mean and standard deviation.
8. The system of claim 1, wherein the at least one user input includes a selection corresponding to at least one of the first stochastically modulated neuromodulation parameter set or the second stochastically modulated neuromodulation parameter set.
1. [] an interface configured to receive at least one selection;
10. The system of claim 1, wherein at least one of the first stochastically modulated neuromodulation parameter set or the second stochastically modulated neuromodulation parameter set has a stochastically modulated temporal parameter.
5. The system of claim 4, wherein the at least one selected neuromodulation parameter to be stochastically-modulated includes a temporal neuromodulation parameter for use in controlling timing of the neuromodulation.
12. The system of claim 1, wherein at least one of the first stochastically modulated neuromodulation parameter set or the second stochastically modulated neuromodulation parameter set has a stochastically modulated spatial parameter.
6. The system of claim 4, wherein the at least one selected neuromodulation parameter to be stochastically-modulated includes a spatial neuromodulation parameter for use in controlling a location and shape of the neuromodulation field.
15. The system of claim 1, wherein the first stochastically modulated neuromodulation parameter set and the second stochastically modulated neuromodulation parameter set have different timing for moving between stochastic modulation samples.
13. The system of claim 1, wherein the neuromodulation parameter set with the at least one stochastically-modulated neuromodulation parameter includes stochastic neuromodulation samples, and the at least one selection includes at least one selected timing control to control timing for moving between randomly or pseudo-randomly-selected samples of the stochastic neuromodulation samples.
17. A method, comprising: receiving, through an interface of a device configured to be communicatively coupled to a neuromodulator, at least one user input corresponding to one of at least a first stochastically modulated neuromodulation parameter set or a second stochastically modulated neuromodulation parameter set; and using the neuromodulator to deliver energy to at least one electrode set in an electrode arrangement according to the corresponding one of the at least the first stochastically modulated neuromodulation parameter set or the second stochastically modulated neuromodulation parameter set based on the at least one user input.
A system for use with a neuromodulation device, the neuromodulation device including a neuromodulation generator, a neuromodulation control circuit and a storage, the storage including a neuromodulation parameter set, the system comprising: an interface configured to receive at least one selection; anda stochastic modulator configured to use at least one modulation model to stochastically modulate at least one neuromodulation parameter, the stochastic modulator configured to provide the at least one stochastically-modulated parameter based at least in part on the received selection,
19. The method of claim 17, wherein the receiving the at least one user input includes receiving a selection corresponding to at least one of the first stochastically modulated neuromodulation parameter set or the second stochastically modulated neuromodulation parameter set.
1 [] an interface configured to receive at least one selection
20. The method of claim 17, wherein the first stochastically modulated neuromodulation parameter set has a stochastically modulated temporal parameter and the second stochastically modulated neuromodulation parameter set has a stochastically modulated spatial parameter.
6. The system of claim 4, wherein the at least one selected neuromodulation parameter to be stochastically-modulated includes a spatial neuromodulation parameter for use in controlling a location and shape of the neuromodulation field.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10940314. Although the claims at issue are not identical, they are not patentably distinct from each other because both require providing at least one (i.e., two) stochastically-modulated parameter. Using an additional set that does not include a stochastically modulated parameter is known in the art and considered to be obvious.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11684779. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims require providing at least one (i.e., two) stochastically modulated neuromodulation parameter that is based on user selection (see claim 1, 8).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10940314. Although the claims at issue are not identical, they are not patentably distinct from each other because both require user interface/input to provide the at least one stochastically-modulated parameter.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10258797. Although the claims at issue are not identical, they are not patentably distinct from each other because both require providing at least one (i.e., two) stochastically-modulated parameter. Using an additional set that does not include a stochastically modulated parameter is known in the art and considered to be obvious.
Conclusion
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/SANA SAHAND/Examiner, Art Unit 3796
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