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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 12-16 and 19-20 are rejected under 35 U.S.C 103 as being unpatentable over Wong et al. (International Publication No.: WO 2016/201366 A1, – Applicant Cited) and further in view of Wong et al. (International Publication No.: WO 2015/187712 A1, – Applicant Cited) (hereinafter, “Wong ‘712”).
Regarding claim 12, Wong teaches a charger (e.g. Fig. 10 – base station 1000)
for charging a neurostimulation device (e.g. Fig. 10 – therapy unit 902),
the charger (1000) comprising:
a charging station (1000),
wherein the charging station (1000) is configured to hold and receive at least a portion of the neurostimulation device (902) (e.g. paragraph 00097),
wherein the charging station (1000) comprises one or more charging contacts at the bottom of the charging station configured to electrically couple to and transfer power to the neurostimulation device (e.g. paragraphs 00090, 000102, – base station charges therapy unit through inductive charging and through a power port);
wherein the charger (1000) is configured to receive and transmit data from and to the neurostimulation device (e.g. paragraphs 00097, 000102),
wherein the data comprises at least one of device usage data or tremor motion data (e.g. paragraphs 00025, 00072).
However, Wong does not explicitly teach a charger with a charging pocket formed in a top surface.
Wong ‘712, in a same field of endeavor of neurostimulation systems, discloses a charger with a charging pocket formed in a top surface (e.g. Fig. 46 – keyed hole 4602 of charger 4600; paragraph 000282).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the charger of Wong to incorporate a charging pocket formed in a top surface, as taught and suggested by Wong ‘712, in order to provide patients with easier interfaces to charge the neurostimulation including those with tremors (Wong ‘712, paragraph 000282).
Regarding claim 13, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above, and Wong further teaches wherein the charger (1000) comprises
a first wireless communications antenna (e.g. Fig. 11 – communication module 1132) configured to receive and transmit data from and to a remote cloud server system (e.g. paragraphs 00097, 000102), and wherein the charger (1000) comprises
a second wireless communications antenna (e.g. Fig. 11 – communication module 1134) configured to receive and transmit data from and to the neurostimulation device (e.g. paragraphs 00097, 000102).
Additionally, Wong ‘712 further teaches wherein the charging pocket comprises an opening in the top surface forming a top face of the charging pocket (e.g. Fig. 46; paragraph 000282), wherein a cross-sectional area of the charging pocket tapers inward as the charging pocket extends downward from the opening (e.g. Fig. 46; paragraph 000282), the taper being configured to help guide the portion of the neurostimulation device into the charging pocket (e.g. paragraph 000282).
Regarding claim 14, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above, and Wong further teaches wherein the charger is further configured to receive and transmit data from and to a remote cloud server system (e.g. paragraphs 00097, 000102).
Regarding claim 15, Wong in view of Wong ‘712 teaches the charger of claim 13 as discussed above, and Wong further teaches wherein the second wireless communications antenna (1134) is configured to receive and transmit data from and to the neurostimulation device only when the neurostimulation device is in electrical connection with the charger (e.g. paragraphs 00098, 000102).
Regarding claim 16, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above, and Wong further teaches wherein the data further comprises error data (e.g. paragraph 00099).
Regarding claim 19, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above, and Wong further teaches wherein the charger is configured to prevent charging the neurostimulation device if a personal identifier associated with the neurostimulation device is not recognized as valid by the charger (e.g. paragraph 00073).
Regarding claim 20, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above, and Wong ‘712 further teaches wherein the charging pocket comprises an opening in the top surface forming a top face of the charging pocket (e.g. Fig. 46; paragraph 000282), and wherein a cross-sectional area of the charging pocket tapers inward as the charging pocket extends downward from the opening (e.g. Fig. 46; paragraph 000282), the taper being configured to help guide the portion of the neurostimulation device into the charging pocket (e.g. paragraph 000282).
4. Claim 17 is rejected under 35 U.S.C 103 as being unpatentable over Wong and further in view of Wong ‘712 and further in view of Simon (US Pub.: 2016/0144175 A1).
Regarding claim 17, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above. However, Wong in view of Wong ‘712 does not explicitly teach further comprising one or more indicators configured to provide visual indicator signals of status having different colors.
Simon, in a same field of endeavor of neurostimulation systems, discloses one or more indicators configured to provide visual indicator signals of status having different colors (e.g. paragraph 0097 – docking station uses colored lights (i.e. red/green) to indicate stimulator charging status).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wong and Wong ‘712 to incorporate one or more indicators configured to provide visual indicator signals of status having different colors, as taught and suggested by Simon, in order to provide the predictable results of a patient being able to more quickly recognize charging status from a distance and with less effort.
5. Claim 18 is rejected under 35 U.S.C 103 as being unpatentable over Wong and further in view of Wong ‘712 and further in view of Simon and further in view of Qin et al. (US Pub.: 2005/0278001 A1).
Regarding claim 18, Wong in view of Wong ‘712 in view of Simon teaches the charger of claim 17 as discussed above. However, Wong in view of Wong ‘712 in view of Simon does not explicitly teach wherein the one or more indicators are configured to indicate one or more fault conditions.
Qin, in a same field of endeavor of neurostimulation systems, discloses wherein the one or more indicators are configured to indicate one or more fault conditions (e.g. paragraph 0078 – fault indicator).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wong, Wong ‘712, and Simon to incorporate one or more indicators that are configured to indicate one or more fault conditions, as taught and suggested by Qin, in order to provide the predictable results of notifying patients that there is an issue with the charging of the device.
6. Claim 21 is rejected under 35 U.S.C 103 as being unpatentable over Wong and further in view of Wong ‘712 and further in view of Winstrom et al. (US Patent No.: 8,332,040 B1).
Regarding claim 21, Wong in view of Wong ‘712 teaches the charger of claim 12 as discussed above. Wong further teaches regulating electrode usage based on usage life/expiration (e.g. paragraph 00073). However, Wong in view of Wong ‘712 does not explicitly teach wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device.
Winstrom, in a same field of endeavor of neurostimulation systems, discloses wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device (e.g. column 4, lines 6-14).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wong and Wong ‘712 to incorporate wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device, as taught and suggested by Winstrom, in order to inform patients that the end-of-life (EOL) for the component has been reached and should be replaced (Winstrom, column 6, lines 27-28).
Claims 2-7 and 9-11 are rejected under 35 U.S.C 103 as being unpatentable over Wong and further in view of Wong ‘712 and further in view of Simon and further in view of Winstrom.
Regarding claim 2, Wong teaches a charger (e.g. Fig. 10 – base station 1000) for charging a neurostimulation device (e.g. paragraph 00097), the charger (1000) comprising:
a charging station (1000),
wherein the charging station (1000) is configured to hold and receive at least a portion of the neurostimulation device (e.g. Fig. 10 – therapy unit 902; paragraph 00097),
wherein the charging station (1000) comprises one or more charging contacts at the bottom of the charging station configured to electrically couple to and transfer power to the neurostimulation device to charge a battery of the neurostimulation device (e.g. paragraphs 00090, 000102, – base station charges therapy unit through inductive charging and through a power port);
and a wireless communications antenna (e.g. Fig. 11 – communication module 1134) configured to receive and transmit data from and to the neurostimulation device (e.g. paragraphs 00097, 000102),
wherein the data comprises at least one of device usage data or tremor motion data (e.g. paragraphs 00025, 00072). Additionally, Wong further teaches regulating electrode usage based on usage life/expiration (e.g. paragraph 00073).
However, Wong does not explicitly teach a charger with a charging pocket formed in a top surface; one or more indicators configured to provide visual indicator signals to indicate charging status to a user; and wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device.
Wong ‘712, in a same field of endeavor of neurostimulation systems, discloses a charger with a charging pocket formed in a top surface (e.g. Fig. 46 – keyed hole 4602 of charger 4600; paragraph 000282).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the charger of Wong to incorporate a charging pocket formed in a top surface, as taught and suggested by Wong ‘712, in order to provide patients with easier interfaces to charge the neurostimulation including those with tremors (Wong ‘712, paragraph 000282).
However, Wong in view of Wong ‘712 does not explicitly teach one or more indicators configured to provide visual indicator signals to indicate charging status to a user; and wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device.
Simon, in a same field of endeavor of neurostimulation systems discloses one or more indicators configured to provide visual indicator signals to indicate charging status to a user (e.g. paragraph 0097 – docking station uses colored lights (i.e. red/green) to indicate stimulator charging status).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wong and Wong ‘712 to incorporate one or more indicators configured to provide visual indicator signals to indicate charging status to a user, as taught and suggested by Simon, in order to provide the predictable results of a patient being able to more quickly recognize charging status from a distance and with less effort.
However, Wong in view of Wong ‘712 in view of Simon does not explicitly teach and wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device.
Winstrom, in a same field of endeavor of neurostimulation systems, discloses wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device (e.g. column 4, lines 6-14).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wong, Wong ‘712, and Simon to incorporate wherein the charger is configured to prevent charging the neurostimulation device based on an age or lifetime of one or more stimulation electrodes of the neurostimulation device, as taught and suggested by Winstrom, in order to inform patients that the end-of-life (EOL) for the component has been reached and should be replaced (Winstrom, column 6, lines 27-28).
Regarding claim 3, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Wong further teaches wherein the charger (1000) comprises a second wireless communications antenna (e.g. Fig. 11 – communication module 1132) configured to receive and transmit data from and to a remote cloud server system (e.g. paragraphs 00097, 000102).
Additionally, Wong ‘712 further teaches wherein the charging pocket comprises an opening in the top surface forming a top face of the charging pocket (e.g. Fig. 46; paragraph 000282), wherein a cross-sectional area of the charging pocket tapers inward as the charging pocket extends downward from the opening (e.g. Fig. 46; paragraph 000282), the taper being configured to help guide the portion of the neurostimulation device into the charging pocket (e.g. Fig. 46; paragraph 000282), wherein the charging pocket is positioned off a center of the charger (e.g. paragraph 000282).
Regarding claim 4, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Wong further teaches wherein the charger is configured to receive and transmit information from and to a remote cloud server system (e.g. paragraphs 00097, 000102).
Regarding claim 5, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Wong further teaches wherein the wireless communications antenna (1134) is configured to receive and transmit data from and to the neurostimulation device only when the neurostimulation device is in electrical connection with the charger (e.g. paragraphs 00098, 000102).
Regarding claim 6, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Wong further teaches wherein the data further comprises error data (e.g. paragraph 00099).
Regarding claim 7, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Simon further teaches wherein the one or more indicators are configured to provide visual indicator signals of status having different colors (e.g. paragraph 0097 – docking station uses colored lights (i.e. red/green) to indicate stimulator charging status).
Regarding claim 9, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Wong further teaches wherein the charger is configured to prevent charging the neurostimulation device if a personal identifier associated with the neurostimulation device is not recognized as valid by the charger (e.g. paragraph 00073).
Regarding claim 10, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above, and Wong ‘712 further teaches wherein the charging pocket comprises an opening in the top surface forming a top face of the charging pocket (e.g. Fig. 46; paragraph 000282), and wherein a cross-sectional area of the charging pocket tapers inward as the charging pocket extends downward from the opening (e.g. Fig. 46; paragraph 000282), the taper being configured to help guide the portion of the neurostimulation device into the charging pocket (e.g. paragraph 000282).
Regarding claim 11, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 and the neurostimulation device (see rejection of claim 2 above). Additionally, Wong further teaches a system (e.g. Fig. 10), wherein the one or more stimulation electrodes comprise at least a first electrode and a second electrode (e.g. Fig. 9A – two or more electrodes 904; paragraph 00088), the first electrode being configured to stimulate a median nerve of a user and the second electrode being configured to stimulate a radial nerve or ulnar nerve of the user (e.g. paragraphs 0008, 00050).
Claim 8 is rejected under 35 U.S.C 103 as being unpatentable over Wong and further in view of Wong ‘712 and further in view of Simon and further in view of Winstrom and further in view of Qin.
Regarding claim 8, Wong in view of Wong ‘712 in view of Simon in view of Winstrom teaches the charger of claim 2 as discussed above. However, Wong in view of Wong ‘712 in view of Simon in view of Winstrom does not explicitly teach wherein the one or more indicators are configured to indicate one or more fault conditions.
Qin, in a same field of endeavor of neurostimulation systems, discloses wherein the one or more indicators are configured to indicate one or more fault conditions (e.g. paragraph 0078 – fault indicator).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Wong, Wong ‘712, Simon, and Winstrom to incorporate wherein the one or more indicators are configured to indicate one or more fault conditions, as taught and suggested by Qin, in order to provide the predictable results of notifying patients that there is an issue with the charging of the device.
Conclusion
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/D.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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