DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 10,933,241. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are anticipated by the claims of U.S. Patent No. 10,933,241.
Instant Application No. 19/029380
US Patent No. 10,933,241
Claim 1
A medical device, comprising:
Claim 1
A medical device, comprising:
an epileptic event detection module configured to detect an epileptic event;
an epileptic event detection module configured to detect an epileptic event;
at least one sensor configured to collect one or more electrical activity signals from at least one region of a brain of a patient;
at least one sensor configured to collect one or more electrical activity signals relating to the epileptic event from at least one region of a brain of a patient;
a regularization determination module configured to determine a regularity of the one or more electrical activity signals;
a regularization determination module configured to determine a first regularity index of the one or more electrical activity signals;
a neuronal regularization module configured to modify a regularity index of an electrical activity in the at least one region of the brain of the patient;
a neuronal regularization module configured to modify the first regularity index of an electrical activity in the at least one region of the brain of the patient;
a phase-locking determination module configured to determine a degree of phase- locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking determination module configured to determine a degree of phase-locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking module configured to modify a phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient; and
a phase-locking module configured to modify a first phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient;
a stimulation module configured to apply an electrical stimulation to at least one neural target of the patient based on an indication of the epileptic event.
a stimulation module configured to apply a first electrical stimulation to a first neural target of the patient based on an indication of the epileptic event;
Claim 7
A medical device, comprising:
Claim 1
A medical device, comprising:
an epileptic event detection module configured to detect an epileptic event;
an epileptic event detection module configured to detect an epileptic event;
at least one sensor configured to collect one or more electrical activity signals from a first region of a brain of a patient and a second region of the brain of the patient;
at least one sensor configured to collect one or more electrical activity signals relating to the epileptic event from at least one region of a brain of a patient;
a regularization determination module configured to determine a first regularity index of the one or more electrical activity signals;
a regularization determination module configured to determine a first regularity index of the one or more electrical activity signals;
a neuronal regularization module configured to modify the first regularity index of an electrical activity in the first region of the brain of the patient;
a neuronal regularization module configured to modify the first regularity index of an electrical activity in the at least one region of the brain of the patient;
a phase-locking determination module configured to determine a degree of phase- locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking determination module configured to determine a degree of phase-locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking module configured to modify a first phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient;
a phase-locking module configured to modify a first phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient;
a stimulation module configured to apply a first electrical stimulation to a first neural target of the patient based on an indication of the epileptic event;
a stimulation module configured to apply a first electrical stimulation to a first neural target of the patient based on an indication of the epileptic event;
wherein the epileptic event detection module is configured to: detect a second electrical activity signal relating to an epileptic activity in the second brain region of the patient;
wherein the epileptic event detection module is configured to: detect a second electrical activity signal relating to an epileptic activity in the second brain region of the patient;
determining a second regularity index based on the second electrical activity signal;
determining a second regularity index based on the second electrical activity signal;
determine a second phase-locking index between the first brain region and the second brain region of the patient if the first regularity index and the second regularity index are both within a first range; and
determine a second phase-locking index between the first brain region and the second brain region of the patient based on the first regularity index and the second regularity index being within a first range; and
applying a second electrical stimulation to a second neural target of the patient for treating the epileptic activity, in response to the second phase-locking index being within a second range.
applying a second electrical stimulation to a second neural target of the patient for treating the epileptic activity, in response to the second phase-locking index being within a second range.
Dependent claims 2-6 and 8-12 of the instant application are also anticipated by claims 2-6 of US Patent No. 10,933,241.
Instant Application No. 19/029380
US Patent No. 10,933,241
Claims 2 and 8
Claim 2
Claims 3 and 9
Claim 3
Claims 4 and 10
Claim 4
Claims 5 and 11
Claim 5
Claims 6 and 12
Claim 6
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-12 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-12 of prior U.S. Patent No. 12,274,880. This is a statutory double patenting rejection.
Instant Application No. 19/029380
US Patent No. 12,274,880
Claim 1
A medical device, comprising:
Claim 1
A medical device, comprising:
an epileptic event detection module configured to detect an epileptic event;
an epileptic event detection module configured to detect an epileptic event;
at least one sensor configured to collect one or more electrical activity signals from at least one region of a brain of a patient;
at least one sensor configured to collect one or more electrical activity signals from at least one region of a brain of a patient;
a regularization determination module configured to determine a regularity of the one or more electrical activity signals;
a regularization determination module configured to determine a regularity of the one or more electrical activity signals;
a neuronal regularization module configured to modify a regularity index of an electrical activity in the at least one region of the brain of the patient;
a neuronal regularization module configured to modify a regularity index of an electrical activity in the at least one region of the brain of the patient;
a phase-locking determination module configured to determine a degree of phase- locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking determination module configured to determine a degree of phase-locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking module configured to modify a phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient; and
a phase-locking module configured to modify a phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient; and
a stimulation module configured to apply an electrical stimulation to at least one neural target of the patient based on an indication of the epileptic event.
a stimulation module configured to apply an electrical stimulation to at least one neural target of the patient based on an indication of the epileptic event.
Claim 7
A medical device, comprising:
Claim 7
A medical device, comprising:
an epileptic event detection module configured to detect an epileptic event;
an epileptic event detection module configured to detect an epileptic event;
at least one sensor configured to collect one or more electrical activity signals from a first region of a brain of a patient and a second region of the brain of the patient;
at least one sensor configured to collect one or more electrical activity signals from a first region of a brain of a patient and a second region of the brain of the patient;
a regularization determination module configured to determine a first regularity index of the one or more electrical activity signals;
a regularization determination module configured to determine a first regularity index of the one or more electrical activity signals;
a neuronal regularization module configured to modify the first regularity index of an electrical activity in the first region of the brain of the patient;
a neuronal regularization module configured to modify the first regularity index of an electrical activity in the first region of the brain of the patient;
a phase-locking determination module configured to determine a degree of phase- locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking determination module configured to determine a degree of phase-locking between a first electrical activity of a first brain region of the patient and a second electrical activity of a second brain region of the patient;
a phase-locking module configured to modify a first phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient;
a phase-locking module configured to modify a first phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient;
a stimulation module configured to apply a first electrical stimulation to a first neural target of the patient based on an indication of the epileptic event;
a stimulation module configured to apply a first electrical stimulation to a first neural target of the patient based on an indication of the epileptic event;
wherein the epileptic event detection module is configured to: detect a second electrical activity signal relating to an epileptic activity in the second brain region of the patient;
wherein the epileptic event detection module is configured to: detect a second electrical activity signal relating to an epileptic activity in the second brain region of the patient;
determining a second regularity index based on the second electrical activity signal;
determining a second regularity index based on the second electrical activity signal;
determine a second phase-locking index between the first brain region and the second brain region of the patient if the first regularity index and the second regularity index are both within a first range; and
determine a second phase-locking index between the first brain region and the second brain region of the patient if the first regularity index and the second regularity index are both within a first range; and
applying a second electrical stimulation to a second neural target of the patient for treating the epileptic activity, in response to the second phase-locking index being within a second range.
applying a second electrical stimulation to a second neural target of the patient for treating the epileptic activity, in response to the second phase-locking index being within a second range.
Dependent claims 2-6 and 8-12 of the instant application are also anticipated by claims 2-6 and 8-12 of US Patent No. 12,274,880.
Instant Application No. 19/029380
US Patent No. 12,274,880
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 5
Claim 6
Claim 6
Claim 8
Claim 8
Claim 9
Claim 9
Claim 10
Claim 10
Claim 11
Claim 11
Claim 12
Claim 12
Allowable Subject Matter
Examiner notes that claims 1-12 are rejected under Double Patenting, however, no prior art rejections have been made. The following is a statement of reasons for the indication of allowable subject matter: Examiner has not found any prior art that teaches or suggests in combination the limitations recited in claims 1 and 7. Specifically, Examiner has not found prior art that teaches:
“a neuronal regularization module configured to modify a regularity index of an electrical activity in the at least one region of the brain of the patient; and
a phase-locking module configured to modify a phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient”.
Sackellares et al (US 2004/0122335) discloses deriving a T-index, where the T-index values associated with a given channel pair reflect a level of correlation between the spatio-temporal responses of the two channels that make up the channel pair [0057], but fails to disclose a phase-locking module configured to modify a phase-locking index between the first electrical activity in the first brain region of the patient and the second electrical activity in the second brain region of the patient. Sackellares instead teaches taking new measurements of the T-index based on gathered data [0058] instead of modifying the determined index.
Jassemidis et al (US 2009/0264952) discloses deriving a T-index to measure a synchronization or entrainment between signals [0040] and delivering stimulation until the T-index is above a threshold [0086]. However, Jassemidis is silent regarding a neuronal regularization module configured to modify a regularity index of an electrical activity in the at least one region of the brain of the patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sackellares et al (US 2004/0122335) which teaches measuring a correlation between spatio-temporal responses across multiple channels and Jassemidis et al (US 2009/0264952) which teaches measuring synchronization or entrainment between signals using a T-index and delivering stimulation to modify the T-index in order to prevent a seizure from occurring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796
