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 .
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.
Claim(s) 1-4, 7-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Annecchino (US 2021/0008371).
Regarding claims 1, 9, 10, 16-19, Annecchino discloses the same invention as claimed, including a method of using an external device with a stimulator device having a plurality of electrodes forming an electrode array (abstract; Figures 2-4) comprising providing stimulation at a first location in the electrode array (Figure 25: 2520), receiving at a user interface of the external device a plurality of inputs for each of a plurality of body regions, wherein the plurality of inputs for each body region comprise a pain score and an indication of stimulation coverage in response to the provided stimulation (Figure 25: 2530, 2540; Paragraphs 9-10), determining using the plurality of inputs at least a direction from the first location in which the stimulation can be moved in the electrode array to better target the patient’s symptoms (Figure 25: 2550), and programming the stimulator device to move the stimulation to a second location in the electrode array in accordance with the direction (Figure 25: 2560).
Regarding claims 2-4, 7, Annechino discloses computing a value for each of the body regions as recited (Figure 25: 2540).
Regarding claim 8, Annechino discloses moving the stimulation with the external device as recited (Figure 24).
Regarding claims 11-12, Annecchino discloses a direction and distance as recited (Paragraphs 129, 130, 180).
Regarding claims 13-15, Annecchino discloses adjusting a stimulation parameter as recited (Paragraphs 129, 130, 180).
Allowable Subject Matter
Claims 5-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mann (US 6,622,048), Rigoard (US 2016/0220179), Sieracki (US 6,308,102) shows assessing pain score and paresthesia coverage for various body regions to adjust stimulation.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eugene T Wu whose telephone number is (571)270-5053. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached on 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eugene T Wu/Primary Examiner, Art Unit 3796
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