DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim(s) 1-3 recites the limitation "…of electrode…" in 4th section of the claim language for each claim. There is insufficient antecedent basis for this limitation in the claim.
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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1-3 is/are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Herregraven et al. (US 20080033510).
Regarding claim 1, Herregraven discloses a method of treating overactive bladder or incontinence, comprising:
non-invasively positioning a first portion of a subject's body near an ankle relative to an electrical stimulator such that a tibial nerve within the first portion of the body is directly targeted by the electrical stimulator (Fig. 2. Section 0025, 0060);
passing a current through the electrical stimulator (Section 0029-0030);
delivering an electrical stimulus from the electrical stimulator to the tibial nerve such that the tibial nerve directly receives the electrical stimulation to treat overactive bladder or incontinence (section 0025);
detecting for an electrical conduction in the tibial nerve via a sensor in communication with a controller by detecting for a lack of presence of the electrical conduction at a second portion of the subject's body distant from the first portion as an indicator of electrode migration from the first portion (section 0050, 0080); and
adjusting the electrical stimulus via the controller in response to the electrical conduction detected in the tibial nerve (Fig. 5, abstract, section 0097-0098).
Regarding claim 2, Herregraven discloses a method of treating overactive bladder or incontinence, comprising:
non-invasively positioning a first portion of a subject's body near an ankle relative to an electrical stimulator such that a tibial nerve within the first portion of the body is directly targeted by the electrical stimulator (Fig. 2. Section 0025, 0060);
passing a current through the electrical stimulator (Section 0029-0030);
delivering an electrical stimulus from the electrical stimulator to the tibial nerve such that the tibial nerve directly receives the electrical stimulation to treat overactive bladder or incontinence (section 0025);
detecting for an electrical conduction in the tibial nerve via a sensor in communication with a controller by detecting for a lack of presence of the electrical conduction at a second portion of the subject's body distant from the first portion as an indicator of electrode malfunction from the first portion (section 0033); and
adjusting the electrical stimulus via the controller in response to the electrical conduction detected in the tibial nerve (Fig. 5, abstract, section 0097-0098).
Regarding claim 3, Herregraven discloses a method of treating overactive bladder or incontinence, comprising:
non-invasively positioning a first portion of a subject's body near an ankle relative to an electrical stimulator such that a tibial nerve within the first portion of the body is directly targeted by the electrical stimulator (Fig. 2. Section 0025, 0060);
passing a current through the electrical stimulator (Section 0029-0030);
delivering an electrical stimulus from the electrical stimulator to the tibial nerve such that the tibial nerve directly receives the electrical stimulation to treat overactive bladder or incontinence (section 0025);
detecting for an electrical conduction in the tibial nerve via a sensor in communication with a controller by detecting for a lack of presence of the electrical conduction at a second portion of the subject's body distant from the first portion as an indicator of proper electrode placement upon the first portion (section 0050, 0080); and
adjusting the electrical stimulus via the controller in response to the electrical conduction detected in the tibial nerve (Fig. 5, abstract, section 0097-0098).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796
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