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 .
Terminal Disclaimer
The terminal disclaimer filed on 9/1/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,186,548 has been reviewed and is accepted. The terminal disclaimer has been recorded and the double patenting rejection has been withdrawn.
Response to Arguments
Applicant’s arguments and amendments filed with respect to the outstanding 112 and art rejections and the objection to the specification have been fully considered and are persuasive. The outstanding 112 and art rejections and the objection to the specification have been withdrawn. However, upon further consideration based on the amendments, a new ground(s) of rejection is made in view of Wingeier (US 2016/0175589).
Claim Interpretation
With regard to claims 1 and 17, the claims do not require entraining Mu-band and/or Beta-band neural oscillations. Both claims recite that the signal is “TO entrain” oscillations, and therefore is an intended purpose/result of the signal. As long as the prior art teaches the recited parameters of the signal itself, the claim is met.
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 1-14, 16-19 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wingeier (US 2016/0175589).
Regarding claims 1 and 17, Wingeier discloses an electrical nerve stimulator configured to deliver an electrical signal to a user (see abstract). It is the Examiner’s position that the signal can be used to entrain Mu-band and/or Beta-band neural oscillations, if so desired by a user. The electrical pulses comprises a train of pulses comprising non-uniform intervals between pulses (see figures 2B-2D and par. 0032). The signal has a frequency between 8-30 Hz (par. 0112, 0114-0115).
Regarding claims 2, 3, and 22, Wingeier inherently discloses a power source for generating stimulation, a controller 540 and electrodes 531, which may be attached to a wrist to deliver stimulation, such that the median nerve is located within the wrist (par. 0030, 0135, 0139).
Regarding claims 4-9, Wingeier discloses that the electrode configuration can be found in US App. No. 14/470,683, which is published as US 2015/0065838 (par. 0111). US 2015/0065838 discloses the electrode details of claims 4-9 in the figures and par. 0031, 0032, 0046).
Regarding claim 10, the stimulator is configured to stimulate a median nerve if the electrodes were placed at or near the median nerve and then delivered electrical stimulation.
Regarding claim 11, the stimulator is configured to deliver an electrical signal to a hemisphere if the brain that is contralateral to the median nerve if the electrodes were placed at or near that location and then delivered electrical stimulation.
Regarding claim 12, claim 1 states that a signal with non-uniform intervals between pulses with a frequency between 8 and 30 Hz will entrain mu-band and/or beta-band oscillations, mu-band oscillations inherently being between 8-12 Hz and beta-band oscillations inherently being between 13-20 Hz.
Regarding claims 13 and 18, the disclosed amplitude is between 0.5-2 mA and the pulse width is 1ms which comprises 0.2ms (par. 0110 and 0062). The claim also does not require all of the parameters as the claim requires a frequency, amplitude OR a pulse width as recited.
Regarding claims 14 and 19, the signal has a duration of 500ms to 15 minutes (par. 0062).
Regarding claims 16 and 21, the signal comprises at least 4 pulses, as seen in figures 2A-2D.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892, specifically US 2009/0240100 and US 2017/0224991 which both disclose delivering neuromodulation with non-uniform intervals.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/Eric D. Bertram/Primary Examiner, Art Unit 3796
