Anthony Yun et al.Download PDFPatent Trials and Appeals BoardNov 2, 202012774616 - (D) (P.T.A.B. Nov. 2, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 12/774,616 05/05/2010 Anthony Joonkyoo Yun PALO-001CIP2CON 8380 93726 7590 11/02/2020 EPA - BOZICEVIC FIELD & FRANCIS LLP BOZICEVIC, FIELD & FRANCIS 201 REDWOOD SHORES PARKWAY SUITE 200 REDWOOD CITY, CA 94065 EXAMINER GETZOW, SCOTT M ART UNIT PAPER NUMBER 3792 NOTIFICATION DATE DELIVERY MODE 11/02/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): docket@bozpat.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Ex parte ANTHONY JOONKYOO YUN and PATRICK YUARN-BOR LEE1 ________________ Appeal 2020-002273 Application 12/774,616 Technology Center 3700 ________________ Before JEFFREY N. FREDMAN, JOHN G. NEW, and DAVID COTTA, Administrative Patent Judges. NEW, Administrative Patent Judge. DECISION ON APPEAL 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as Palo Alto Investors. App. Br. 3. Appeal 2020-002273 Application 12/774,616 2 SUMMARY Appellant files this appeal under 35 U.S.C. § 134(a) from the Examiner’s Final Rejection of claims 142, 147–149, 154–156, 159–163, and 167–185. Specifically, claims 149, 154, 155, 160–163, 168, 170, 172, 176– 179, and 184 stand rejected as unpatentable under 35 U.S.C. § 103(a) as being obvious over the combination of Branham et al. (US 2013/0023688 A1, January 24, 2013) (“Branham”) and either Kuo (US 2003/0097075 A1, May 22, 2003) (“Kuo”) or Childre et al. (US 7,163,512 B1, January 16, 2007) (“Childre”). Claims 149, 154, 155, 160–163, 168, 170, 172, 176–179, and 183 also stand rejected as unpatentable under 35 U.S.C. § 103(a) as being obvious over Watkins et al. (US 2002/0128171 A1, September 12, 2002) (“Watkins”) and either Kuo and Childre. Claims 149, 154, 155, 160–163, 168, 170, 172, 176–179, and 183 also stand rejected as unpatentable under 35 U.S.C. § 103(a) as being obvious over Rezai (US 2002/0116030 A1, August 22, 2002) (“Rezai”) and either Kuo or Childre. Claims 142, 147–149, 154–156, 159–163, and 167–185 stand rejected as unpatentable under 35 U.S.C. § 103(a) as being obvious over Ivanova et al. (US 2004/0048795 A1, March 11, 2004) (“Ivanova”) and either Kuo and Childre. Claims 142, 147, 148, 156, 159, 167, 169, 171, 173–175, 180, and 181 stand rejected as unpatentable under 35 U.S.C. § 103(a) as being obvious over Cohen et al. (US 2008/0147137 A1, June 19, 2008) (“Cohen”) and either Kuo and Childre. Appeal 2020-002273 Application 12/774,616 3 Claims 176–178 stand rejected under 35 U.S.C. § 103(a) as being obvious over the combination of either Branham or Watkins or Rezai, and either Kuo and Childre, and Shapland (US 5,042,497, August 27, 1991) (“Shapland”). Claims 173–178 stand rejected under 35 U.S.C. § 103(a) as being obvious over the combination of Ivanova and either Kuo and Childre, and Shapland. Claims 173–175 stand rejected under 35 U.S.C. § 103(a) as being obvious over the combination of Cohen, and either Kuo and Childre, and Shapland. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM-IN-PART. NATURE OF THE CLAIMED INVENTION Appellant’s invention is directed to a method for treating a subject for a condition by modulating at least a portion of the subject’s autonomic nervous system. Abstract. REPRESENTATIVE CLAIM Independent claims 142 and 149 are representative of the claims on appeal. Claim 142 recites: 142. A method of treating a subject for a condition associated with a systemic loss of parasympathetic function, the method comprising: measuring the subject’s parasympathetic/sympathetic activity ratio to detect that the subject has the systemic loss of parasympathetic function; and Appeal 2020-002273 Application 12/774,616 4 electrically modulating at least a portion of the parasympathetic nervous system of the subject, based on the subject’s detected systemic loss of parasympathetic function, with an electrical energy application device to modulate the parasympathetic activity/sympathetic activity ratio in a manner effective to treat said subject for the condition, wherein the condition is selected from the group consisting of: multi-system atrophy, systemic inflammation, constipation, erectile dysfunction, fluid retention, and Alzheimer’s App. Br. 57. Claim 149 recites: 149. A method of treating a subject for a condition associated with a systemic loss of parasympathetic function, the method comprising: measuring the subject’s parasympathetic/sympathetic activity ratio to detect that the subject has the systemic loss of parasympathetic function; and administering a pharmacological agent to the subject, based on the subject’s detected systemic loss of parasympathetic function, sufficient to provide systemic pharmacological modulation of said subject’s autonomic nervous system to modulate the parasympathetic activity/sympathetic activity ratio in a manner effective to treat said subject for the condition, wherein the condition is selected from the group consisting of: multi-system atrophy, systemic inflammation, constipation, erectile dysfunction, fluid retention, and Alzheimer’s. Id. at 157–158. ISSUES AND ANALYSES We agree with and adopt the Examiner’s reasoning, findings of fact, and conclusions as to those claims on appeal that we find are obvious over the combined cited prior art. We address the arguments raised by Appellant below. Appeal 2020-002273 Application 12/774,616 5 A. Procedural Posture Appellant’s claims 142, 147–149, 154–156, 159–163, and 167–172 of this application were the subject of a prior appeal, 2016-007642, before this panel. The panel affirmed the Examiner’s Final Rejection of all of the claims on appeal on the grounds of obviousness, and reversed the Examiner’s conclusion that the claims were directed to nonstatutory subject matter. See Decision, filed September 13, 2007 at 28 (the “Prior Decision”). The application was returned to prosecution and Appellant amended independent claims 42 and 49 as follows: 142. A method of treating a subject for a condition associated with a systemic loss of parasympathetic function, the method comprising: measuring the subject’s parasympathetic/sympathetic activity ratio to detect that the subject has the systemic loss of parasympathetic function; and electrically modulating at least a portion of said subject’s the parasympathetic nervous system of the subject, based on the subject’s detected systemic loss of parasympathetic function, with an electrical energy application device to modulate the parasympathetic activity/sympathetic activity ratio in a manner effective to treat said subject for the condition, wherein the condition is selected from the group consisting of: multi-system atrophy, systemic inflammation, constipation, erectile dysfunction, fluid retention, and Alzheimer’s. App. Br. 57 (italics represent added text, deleted text is struck through); see also Prior Decision 5. Similarly, claim 49 was amended as follows: 149. A method of treating a subject for a condition associated with a systemic loss of parasympathetic function, the method comprising: Appeal 2020-002273 Application 12/774,616 6 measuring the subject’s parasympathetic/sympathetic activity ratio to detect that the subject has the systemic loss of parasympathetic function; and administering a pharmacological agent to the said subject, based on the subject’s detected systemic loss of parasympathetic function, sufficient to provide systemic pharmacological modulation of said subject’s autonomic nervous system to modulate the parasympathetic activity/sympathetic activity ratio in a manner effective to treat said subject for the condition, wherein the condition is selected from the group consisting of: multi-system atrophy, systemic inflammation, constipation, erectile dysfunction, fluid retention, and Alzheimer’s. App. Br. 57–58; see also Prior Decision 5–6. Appellant also added new dependent claims 173–185. All of these claims are before us in the present appeal. Each of the claims in the prior appeal were rejected by the Examiner as unpatentable under 35 U.S.C. § 103(a) as follows: Claims Rejected Reference 149, 154, 155, 160–163, 168, 170, 172 Branham 149, 154, 155, 160–163, 168, 170, 172 Watkins 149, 154, 155, 160–163, 168, 170, 172 Rezai 142, 147-149, 154–156, 159-163, 167–172 Ivanova 142, 147, 148, 156, 159, 167, 169, 171 Cohen Prior Decision 2, 28. The Examiner has now added Kuo and Childre to each of these rejections as teaching or suggesting the amendments to the respective claims, specifically, “measuring the subject’s parasympathetic/ sympathetic activity ratio to detect that the subject has the systemic loss of Appeal 2020-002273 Application 12/774,616 7 parasympathetic function” and basing the subsequent treatment on the measurements. See, e.g., Non-Final Act. 2–3 (filed November 9, 2018).2 We incorporate herein by reference the findings and conclusions of our Prior Decision that the pre-amendment claims are obvious over the respective cited prior art. See, generally, Prior Decision. We are then left with the task of determining: (1) whether Kuo or Childre teaches or suggests the new limitations introduced in amended independent claims 142 and 149, viz., “measuring the subject’s parasympathetic/sympathetic activity ratio to detect that the subject has the systemic loss of parasympathetic function” and using that measurement in the subsequent treatment of the patient; and (2) whether it would have been obvious to a person of ordinary skill in the art to combine the references. We consider the newly-added dependent claims 173–185 separately. B. Claims 142, 147–149, 154–156, 159–163, and 167–172 (Appellant’s Groups I and II): Obviousness of the added limitations over Kuo and Childre Issue 1 Appellant argues that the Examiner erred in finding that the cited prior art teaches or suggests the limitation reciting “measuring the parasympathetic/sympathetic activity ratio in a subject with a recited 2 We cite generally herein to the Examiner’s Non-Final Office Action of November 9, 2018 with respect to the Examiner’s findings of fact and conclusions of law, because the subsequent Final Office Action (filed April 8, 2019) generally refers back to, and incorporates, the findings and conclusions of the Non-Final Action. See, e.g., Final Act. 3–7. Appeal 2020-002273 Application 12/774,616 8 condition to detect that the subject has the systemic loss of parasympathetic function and modulating based on the detected loss of parasympathetic function.” App. Br. 5–6. Analysis The Examiner refers to our Prior Decision as finding that the various conditions listed in the independent claims “are known to be mediated by the activity of the sympathetic or parasympathetic system neurons” and therefore finds that a skilled artisan would consider evaluating the autonomic nervous system (“ANS”)3 to best treat the relevant conditions. Non-Final Act. 2. The Examiner finds that Kuo teaches that many conditions are influenced by the ANS, and that analyzing heart rate variability (“HRV”), including the high frequency spectral component (“HF”) and low frequency spectral component (“LF”), as well as the LF:HF ratio, gives an indication of parasympathetic/sympathetic balance. Id. (citing, e.g., Kuo ¶¶ 4–11, 29, 30). The Examiner concludes that it would have been obvious to a person of ordinary skill in the art that measuring the systemic loss of parasympathetic function by this method could reveal the underlying cause of the conditions recited in independent claims 142 and 149, because the ANS is considered to control the end organs and systems that are known in the art to influence those conditions. Id. at 2–3. 3 The autonomic nervous system is collectively composed of the preganglionic and postganglionic nerves of the sympathetic and parasympathetic nervous systems. See L.H. Hyman, COMPARATIVE VERTEBRATE ANATOMY (19th ed.) 428 (1962). Appeal 2020-002273 Application 12/774,616 9 The Examiner similarly finds that Childre teaches that by applying “spectral analysis techniques to the HRV waveform, its different frequency components, which represent the activity of the sympathetic or parasympathetic branches of the autonomic nervous system, can be discerned.” Non-Final Act. 3 (citing Childre col. 3, ll. 3–6; col. 5, ll. 46–55, col. 9, ll. 1–66; col. 2, ll. 1–65). The Examiner concludes that a person of ordinary skill in the art would have found it obvious to use the techniques taught by Childre to measure the parasympathetic/sympathetic ratio to reveal the underlying cause of the conditions recited in independent claims 142 and 149, because the ANS is known in the art to control the end organs and systems that influence those conditions. Id. Appellant points out that the sole references (e.g., Ivanova, Rezai, etc.), cited in our Prior Decision with respect to the claims prior to their amendment, do not teach or suggest the disputed limitation, which was added to the claims subsequent to our Prior Decision. See, e.g., App. Br. 6. Appellant also argues that Kuo and Childre are silent with respect to the conditions recited in claim 142 or 149, and therefore fail to remedy the alleged deficiency of the sole references cited in our Prior Decision. Id. Appellant contends that, because Ivanova does not teach or suggest the newly-added limitation, and because Kuo and Childre are silent with respect to subjects having the listed conditions, the combined references fail to teach or suggest measuring the parasympathetic/sympathetic activity ratio of a subject with any of the listed conditions to detect a systemic loss of parasympathetic function in the subject. Id. Appellant also argues that, even if, arguendo, Kuo or Childre teach that certain “manner[s] of checking the parasympathetic nervous system” are Appeal 2020-002273 Application 12/774,616 10 well-known in the art, that does not teach or suggest measuring the parasympathetic/sympathetic activity ratio of a subject with any of the conditions listed in the claim, let alone detecting a systemic loss of parasympathetic function in such a subject and modulating treatment based thereon. App. Br. 7. We are not persuaded by Appellant’s argument. Kuo teaches that: Investigators have discovered that, based on frequency analysis, HRV can be characterized into two main components: the high frequency (HF) component and the low frequency (LF) component…. Currently, researchers agree that the high frequency (HF) or total power (TP) represents the parasymapthetic control of the heart rate, whereas the ratio LF/HF is considered to mirror the sympathovagal balance or to reflect the sympathetic modulations. Besides being indicative of the function of the autonomic nervous system, HRV has been documented to reflect other pathological conditions. Kuo ¶ 9 (internal citations omitted). Kuo further teaches that: The power spectrum [of the HRV waveform] is subsequently quantified by means of integration into standard frequency- domain parameters including low-frequency (LF 0.04-0.15 Hz) and high-frequency (HF 0.15-0.40 Hz), total power (TP) and ratio of low frequency to high frequency (LF/HF) (step 120). The analyzed results, which include the various ANS indices, the frequency spectrums and recommendations, can be sent back to the Client (step 122) through the Network. The user is thereby immediately brought to the attention of his/her health condition. In the case of impairments in the sympathetic and/or parasympathetic functions, whether they are too high or too low, the Server can also design to automatically notify a physician or Appeal 2020-002273 Application 12/774,616 11 other medical professions to provide a prompt assistance to the user. Id. ¶¶ 29–30 (emphasis added). Kuo thus teaches determining the relative balance of sympathetic and parasympathetic nervous activity, i.e., “measuring the parasympathetic/sympathetic activity ratio of a subject,” and then, “based on the subject’s detected systemic loss of parasympathetic function,” administering the appropriate treatment. Similarly, Childre teaches that: The analysis of HRV can provide important information relative to the function and balance of the autonomic nervous system, as it can distinguish sympathetic from parasympathetic regulation of heart rate. Frequency domain analysis decomposes the heart rate tachogram or waveform into its individual frequency components and quantifies them in terms of their relative intensity, in terms of power spectral density (PSD). By applying spectral analysis techniques to the HRV waveform, its different frequency components, which represent the activity of the sympathetic or parasympathetic branches of the autonomic nervous system, can be discerned. The HRV power spectrum is divided into three frequency ranges or bands: very low frequency (VLF), 0.033 to 0.04 Hz; low frequency (LF), 0.04 to 0.15 Hz; and high frequency (HF), 0.15 to 0.4 Hz. Childre cols, 2–3, ll. 60–10 (emphasis added). Childre thus teaches that it is possible to “measure[e] the parasympathetic/sympathetic activity ratio of a subject, as recited in the claim.” We agree with Appellant that neither Kuo nor Childre teach the various conditions recited in claims 142 and 149, i.e., multi-system atrophy, systemic inflammation, constipation, erectile dysfunction, fluid retention, Appeal 2020-002273 Application 12/774,616 12 and Alzheimer’s. However, as we explained in our Prior Decision, a person of ordinary skill in the art would understand that the various references cited therein teach the claimed methods of treatment of those conditions. See Prior Decision 14–17, 23–25. Furthermore, The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. In re Keller, 642 F.2d 413, 425 (C.C.P.A. 1981). In the appeal before us, we find that Kuo and/or Childre teach the newly added limitations of the amended claims, and we incorporate by reference the reasoning of our Prior Decision that the cited references teach the remaining limitations of those claims. We consequently conclude that the combined cited references teach all of the limitations of the amended claims on appeal. Issue 2 Appellant next argues that the Examiner erred because there is no reason or guidance in the cited art as to why one ordinarily skilled in the art would modify any method of the references cited with respect to the pre- amendment claims. App. Br. 9. Analysis Appellant contends that the combined cited prior art references do not demonstrate a sufficient reason why one of ordinary skill in the art would Appeal 2020-002273 Application 12/774,616 13 start with the teachings of the prior art cited with respect to the pre- amendment claims and modify those teachings according to Childre or Kuo to arrive at the methods recited in the claims on appeal. App. Br. 9. According to Appellant, because the references neither teach nor suggest the new limitation, the cited prior art fails to demonstrate that an ordinarily skilled artisan would have had a reason or been guided to measure the parasympathetic/sympathetic activity ratio in subjects with the listed conditions to attempt to detect a systemic loss of parasympathetic function, let alone proceed to modulate at least a portion of such a subject’s parasympathetic nervous system based on the detected systemic loss of parasympathetic function. Id. at 9–10. Appellant asserts that there is no nexus between the treatment methods of prior art and the evaluation methods of Childre and Kuo, such that an ordinarily skilled artisan would have had a reason or guidance to perform the modification. Id. at 10. Appellant points to the Prior Decision’s reasoning that it was well known in the art that: [T]he use of pharmaceutical compounds to treat conditions, including constipation, inflammation, and erectile dysfunction, known to be mediated by the activity of the sympathetic or parasympathetic systems of the ANS and by increasing and or decreasing the activity of sympathetic or parasympathetic neurons and thus, inherently, altering the sympathetic/ parasympathetic activity ratio. App. Br. 10 (quoting Prior Decision 16–17). Appellant argues that, even if that statement by the Board is adopted, it does not show that any of the conditions listed were known to be caused at least in some cases by an underlying systemic loss of parasympathetic activity or that a subject having Appeal 2020-002273 Application 12/774,616 14 such a condition could be treated using a method that includes measuring the parasympathetic/sympathetic activity ratio to detect a systemic loss of parasympathetic activity and modulating a subject’s ANS based on the detected loss. Id. We are not persuaded by Appellant’s arguments. As an initial matter, it is not required that a reference directly teach or suggest the combination of references proposed by the Examiner. Rather, “the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art.” Keller, 642 F.2d at 425. In this instance, our Prior Decision determined that the claimed methods of “modulat[ing] the parasympathetic activity/sympathetic activity ratio in a manner effective to treat said subject for the condition, wherein the condition is selected from the group consisting of: multi-system atrophy, age related inflammation, systemic inflammation, constipation, insomnia, erectile dysfunction, fluid retention, type-2 diabetes and Alzheimer’s” were obvious over the cited prior art. See Prior Decision 11–19, 22–25. Because we found that the prior art teaches that the recited conditions are “known to be mediated by the activity of the sympathetic or parasympathetic systems of the ANS,” we agree with the Examiner’s conclusion that a person of ordinary skill in the art would have found it obvious to combine methods of measuring the relative balance sympathetic and parasympathetic neural activity, as taught by Kuo and Childre, as a preliminary diagnostic step, with the subsequent methods of treatment of the recited conditions, as taught by the references cited in our Prior Decision. See Ans. 7. Furthermore, we conclude that a person of ordinary skill would have been motivated to combine the references because an accurate Appeal 2020-002273 Application 12/774,616 15 diagnosis of sympathetic/parasympathetic imbalance would be beneficial in prescribing an appropriate treatment for the recited conditions caused by such an imbalance. “A person of ordinary skill is also a person of ordinary creativity, not an automaton.” KSR, 550 US at 421. We consequently affirm the Examiner’s rejection of claims 142, 147–149, 154–156, 159–163, and 167–172. C. Claims 174 and 177 (Appellant’s Group III) Issue Dependent claim 174 is representative and recites: “The method according to claim 173, wherein the one or more indicators comprises heart rate variability and the measuring comprises measuring low HRV frequency peak (LF), high HRV frequency peak (HF), the HRV LF/HF ratio or a combination thereof. App. Br. 60. Appellant argues that neither Ivanova, Kuo, nor Childre teach or suggest measuring the parasympathetic/ sympathetic activity ratio of a subject with any of the listed conditions to detect a systemic loss of parasympathetic function in the subject. App. Br. 13. Therefore, argues Appellant, the references also fail to teach the additional limitations of claims 174 and 177. Id. Analysis Appellant contends that, because Kuo, Childre, and the prior references cited in our Prior Decision do not teach or suggest measuring the parasympathetic/sympathetic activity ratio of a subject with any of the recited conditions, the references also do not suggest measuring that employs heart rate variability, including measuring low HRV LF, high HRV Appeal 2020-002273 Application 12/774,616 16 HF, the HRV LF/HF ratio or a combination thereof, to determine the parasympathetic/sympathetic activity ratio and detect a systemic loss of parasympathetic function in the subject having any of the listed conditions. App. Br. 13. Appellant contends that even if, arguendo, a skilled artisan would be expected to “determine if the nerves which control the action of the colon are malfunctioning” in a subject with intractable constipation, none of the cited art teach or suggest that this action would necessarily involve the measuring set forth in the claims of Group Ill. Id. at 14. Appellant points to the Examiner’s finding that “[T]o measure the systemic loss of parasympathetic function is considered to be obvious in that it would reveal an underlying cause tor the ailment since the ANS is considered to control the end organs and systems that are implicated in the various ailments listed in the independent claims.” App. Br. 15 (quoting Adv. Act. 5, filed June 28, 2019). Appellant contends that this reasoning is clearly an application of impermissible hindsight, because it cannot be said that an unknown result of performing an action renders performing the action obvious. Id. Appellant argues that, although the Examiner bases the obviousness of performing the measurement on the premise that it “reveal an underlying cause tor the ailment,” the Examiner has not established, or provided any evidence to support, that the underlying cause for the conditions listed of systemic loss of parasympathetic function was known before the relevant priority date. Id. Therefore, argues Appellant, it cannot be said that it would have been obvious to a skilled artisan to perform the recited measuring in the recited subjects to detect a systemic loss of parasympathetic function and modulate based on the detected loss. Id. Appeal 2020-002273 Application 12/774,616 17 We are not persuaded. As we explained in our Prior Decision, it was well known in the prior art that art that an underlying cause of the recited conditions was an imbalance in sympathetic/parasympathetic function. See, e.g., Prior Decision 23–25. Kuo and Childre explicitly teach a method of determining sympathetic/parasympathetic balance by measuring “low HRV frequency peak (LF), high HRV frequency peak (HF), the HRV LF/HF ratio or a combination thereof,” as recited in claim 174. See Kuo ¶ 29; Childre col. 8, ll. 24–36. In other words, both Kuo and Childre expressly teach employing the methods claimed in claims 174 and 177 for “rapid diagnosis” (Kuo ¶ 30). We consequently affirm the Examiner’s rejection of these claims. D. Claim 180 (Appellant’s Group IV): Obviousness over Ivanova or Cohen, and Kuo or Childre Issue Claim 180 recites: “The method according to Claim 142, wherein the condition is multi-system atrophy.” App. Br. 61. Appellant contends that the combined cited prior art neither teaches nor suggests that the condition to be treated is multi-system atrophy (MSA). Id. at 15, 51. Analysis Appellant points to the Examiner’s finding, that paragraph [0055] of Ivanova teaches “use for tissue and organ necrosis, multiple sclerosis, paralysis, each of which is considered to result in multisystem atrophy.” App. Br. 16 (quoting Final Act. 3). Appellant contends that none of these conditions cited by the Examiner constitutes multi-system atrophy, and that Appeal 2020-002273 Application 12/774,616 18 the Examiner’s interpretation is inconsistent with how the term would be understood by a skilled artisan. Id. In support of this contention, Appellant points to National Institutes of Health, What is multiple system atrophy? available at: www.ninds.nih.gov/Disorders/Patient-Caregiver- Education/Fact-Sheets/MultipleSystem-Atrophy (of record) (“NIH”). Appellant contends that NIH teaches that multi-system atrophy (MSA) is a distinct disorder, specifically: “a progressive neurodegenerative disorder characterized by a combination of symptoms that affect both the autonomic nervous system ... and movement.” Id. Appellant therefore contends that regardless of whether Ivanova describes “tissue and organ necrosis, multiple sclerosis, [and] paralysis” as alleged, this does not represent a teaching or suggestion of multi-symptom atrophy, let alone practicing the instantly claimed method in a subject with multi-system atrophy. App. Br. 16–17. Therefore, argues Appellant, in view of how the term would be commonly understood, Ivanova does not teach or suggest performing the instantly claimed method with a subject having multi-system atrophy. Id. at 17. The Examiner responds that he considers the term “multi-system atrophy” to be broader than is reflected in the definition supplied by Appellant. Adv. Act. 6. Nevertheless, the Examiner finds that, as Appellant’s definition suggests, a physician of ordinary skill would, in order to rule out a diagnosis of multi-system atrophy, determine whether the ANS was properly balanced and functioning normally, so as to rule out multi- system atrophy. Id. at 6–7. We are not persuaded by the Examiner’s reasoning. The Examiner adduces no evidence to support his reasoning that a skilled artisan would Appeal 2020-002273 Application 12/774,616 19 understand the definition of multi-system atrophy to exceed the definition provided by NIH. See also Multiple System Atrophy Fact Sheet, available at: https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Fact- Sheets/Multiple-System-Atrophy (last visited October 16, 2020) for the current version of NIH. We agree with Appellant that Ivanova is silent with respect to multi- system atrophy. Absent citation by the Examiner of a prior art reference showing that multi-system atrophy was known at the time of invention to be a result of sympathetic/parasympathetic system dysfunction, we cannot sustain the Examiner’s rejection of claim 180 over Ivanova, Kuo and Childre. With respect to Cohen, Appellant disputes the Examiner’s reasoning that “[i]f the disease of anorexia is treated, then the symptom of atrophy is treated as well.” App. Br. 51 (quoting Adv. Act. 9). Appellant argues that the interpretation of multi-system atrophy as being merely a symptom of anorexia is in consistent with the commonly understood definition of multi- system atrophy, as taught by NIH. Id. Again, we agree with Appellant. The Examiner adduces no prior art evidence that a person of ordinary skill in the art would understand that anorexia, as taught by Cohen, is a form of multi-system atrophy. More importantly, and as we explained with respect to the rejection over Ivanova, the Examiner has provided no evidence of record that a skilled artisan would understand that multi-system atrophy was known at the time of invention to be a result of sympathetic/parasympathetic system dysfunction. Absent any such evidence, we do not sustain the Examiner’s rejection of claim 180 over Ivanova, Kuo, and Childre. Appeal 2020-002273 Application 12/774,616 20 E. Claim 181 (Appellant’s Group V): Obviousness over Ivanova or Cohen, and Kuo or Childre Issue Claim 181 recites: “The method according to Claim 142, wherein the condition is fluid retention.” App. Br. 61. Appellant contends that the Examiner erred because the combined cited prior art neither teaches nor suggests the condition of fluid retention. Id. at 18, 52. Analysis With respect to the rejection over Ivanova, and Kuo or Childre, Appellant notes the Examiner’s finding that “¶ 6 of Ivanova teaches congestive heart failure, which causes fluid retention and ¶ 8 teaches pulmonary edema.” App. Br. 18 (quoting Final Act. 3). However, argues Appellant, paragraph [0006] of Ivanova is specifically related to “[d]isorders where inflammatory cytokine cascades are involved at least in part” and the mention of “pulmonary edema” in paragraph [0008] of Ivanova is specifically related to “various cardiac disorders” in which “TNF has been implicated.” Id. Appellant therefore contends that these passages of Ivanova do not represent a teaching or suggestion of measuring the parasympathetic/ sympathetic activity ratio of a subject with fluid retention to detect that the subject has a systemic loss of parasympathetic function. App. Br. 18. Nor, according to Appellant, do the above cited paragraphs demonstrate that it would have been obvious to a skilled artisan to perform such measuring in a subject with fluid retention to detect a systemic loss of parasympathetic Appeal 2020-002273 Application 12/774,616 21 function and electrically modulate at least a portion of the parasympathetic nervous system to treat said subject for fluid retention. Id. at 18–19. We are not persuaded. Appellant’s Specification provides no definition of the claim term “fluid retention.” We consequently adopt the broadest reasonable definition of the claim term consistent with the disclosures of the Specification. See Phillips v. AWH Corp., 415 F.3d 1303, 1316 (Fed. Cir. 2005). “Pulmonary edema,” which may be defined as a condition caused by excess fluid in the lungs4, may reasonably be construed as a form of “fluid retention”; a point that is not contested by Appellant. Ivanova teaches: Tumor necrosis factor [TNF] is known to be a major pro- inflammatory cytokine mediator of various acute and chronic inflammatory diseases, e.g., gram negative bacterial sepsis, multi-system organ failure (MSOF), circulatory collapse and death. The primary source of circulating TNF following a septic challenge is the liver.…. …. TNF has been implicated in various cardiac disorders including cardiac failure secondary to septic cardiomyopathy, bi- ventricular dysfunction, and pulmonary edema. Ivanova ¶¶ 7–8 (emphasis added). Ivanova further teaches that: “Vertebrates respond to inflammation caused by inflammatory cytokine cascades in part through humoral mechanisms of the central nervous system (activation of the hypothalamus-pituitary adrenal [HPA] axis), by means of 4 See Mayo Clinic, Pulmonary edema, available at: https://www.mayoclinic.org/diseases-conditions/pulmonary- edema/symptoms-causes/syc-20377009 (last visited October 19, 2020). Appeal 2020-002273 Application 12/774,616 22 vagal nerve activation, and by means of peripheral anti-inflammatory cytokine production (e.g., IL-10 production).” Id. at ¶ 9. Ivanova further teaches that: In one set of responses, afferent vagus nerve fibers are activated by endotoxin or cytokines, stimulating the release of humoral anti-inflammatory responses through glucocorticoid hormone release. Cytokines or endotoxin can stimulate the afferent vagus nerve, which in turn signals a number of critical brain nuclei, and leads to activation of the HPA anti-inflammatory responses and down-regulation of endotoxemia and cytokinemia. Similarly, direct efferent vagus nerve stimulation (VNS) in rats prevents shock secondary to an induced endotoxic challenge, by decreasing TNF synthesis in the liver. Ivanova ¶ 11 (internal citations omitted, emphasis added). In other words, activation of a major portion of the parasympathetic system (i.e., the vagus nerve), may inhibit TNF synthesis that contributes to pulmonary edema. Conversely, we conclude, a person of ordinary skill in the art would have understood that dysfunction (i.e., decreased activity) of the vagus nerve would reduce the effectiveness of the parasympathetic system in decreasing TNF synthesis in the liver, effectively increasing the likelihood of pulmonary edema. We therefore conclude that Ivanova teaches the limitation of claim 181. With respect to the teachings of Cohen, Appellant points to the Examiner’s finding that “Cohen teaches treating ... CHF [congestive heart failure] which has as a symptom fluid retention … if the disease of CHF is treated, the symptom of fluid retention is also treated.” App. Br. 52 (quoting Adv. Act. 9). Appellant contends that Cohen’s teaching of treating CHF Appeal 2020-002273 Application 12/774,616 23 necessarily teaches treating fluid retention, and asserts that Cohen is silent as to fluid retention, let alone treating fluid retention. Id. We are not persuaded by the Examiner’s reasoning. The Examiner adduces no evidence of record to support the finding that fluid retention is a symptom of CHF, nor can we discern any such teaching in the cited prior art. Absent any such teaching, we cannot sustain the Examiner’s rejection of claim 181 over Cohen, Kuo, and Childre. However, because we sustain the Examiner’s rejection over Ivanova, Kuo, and Childre for the reasons we have explained, we affirm the Examiner’s rejection of claim 181 on that ground. F. Claim 182 (Appellant’s Group VI): Obviousness over Ivanova and Kuo or Childre Issue Claim 182 recites: “The method according to Claim 142, wherein the condition is Alzheimer’s [disease].” App. Br. 62. Appellant argues that the Examiner erred because the cited art does not teach or suggest the limitation in which the condition is Alzheimer’s disease. Id. at 20. Analysis Appellant argues that that paragraph [0055] of Ivanova, upon which the Examiner relies, is specifically directed to “diseases characterized by the presence of deleterious physiological conditions at least partially mediated by pro-inflammatory cytokine release.” Id. at 20–21. Appellant contends that the teachings of Ivanova do not teach measuring the parasympathetic/ Appeal 2020-002273 Application 12/774,616 24 sympathetic activity ratio of a subject with Alzheimer’s to detect that the subject has a systemic loss of parasympathetic function. Id. at 21. Appellant further disputes the Examiner’s finding that: “[s]ince inflammation is implicated in causing Alzheimer’s […], and that inhibition of inflammation is ‘vagus nerve dependent,’ it would be prudent to check the vagus nerve to see if it were functioning properly in the Alzheimer’s patient.” App. Br. 21 (quoting Adv. Act. 7 (citing Ivanova ¶¶ 51, 52, 55)). Appellant argues that this teaching is not found in the reference as cited. According to Appellant, paragraph [0055] of Ivanova teaches diseases that are “at least partially mediated by pro-inflammatory cytokine release,” and paragraph [0051] teaches that “inhibition of proinflammatory cytokine release and the reduction of peripheral inflammation is vagus nerve- dependent and can also be reduced by direct stimulation of the vagus nerve in the brain.” Id. Appellant therefore argues that, even if the cited paragraphs describe that the vagus nerve can be stimulated to reduce inflammation, such does not represent a teaching of a systemic loss of parasympathetic activity in Alzheimer’s subjects. Id. We disagree. Ivanova teaches that it was well known in the art that Inflammatory cytokine cascades contribute to deleterious characteristics of numerous disorders. These deleterious characteristics include inflammation and apoptosis. Disorders where inflammatory cytokine cascades are involved at least in part, include, without limitation, … diseases involving the central or peripheral nervous system and associated tissues (such as Alzheimer’s disease, meningitis, encephalitis, multiple sclerosis, cerebral infarction, cerebral embolism, Guillame-Barre syndrome, neuritis, neuralgia, spinal cord injury, paralysis, and uveitis)…. Appeal 2020-002273 Application 12/774,616 25 Ivanova ¶ 6 (emphasis added); see also id. ¶ 55. Furthermore, Ivanova also teaches that: These methods [e.g., directly stimulating a vagus nerve pathway in the brain of the vertebrate5] are useful for preventing the release of pro-inflammatory cytokines in any vertebrate. In preferred embodiments, the vertebrate is a mammal. In particularly preferred embodiments, the vertebrate is a human. The vertebrate is preferably a patient suffering from, or at risk for, a condition mediated by an inflammatory cytokine cascade. As used herein, a patient can be any vertebrate individual from a species that has a vagus nerve. Preferably, the condition is … Alzheimer’s disease…. Ivanova ¶ 60. Ivanova thus teaches that vagal stimulation is useful in preventing release of pro-inflammatory cytokines that may be a cause of, inter alia, Alzheimer’s disease. As we have explained supra, a person of ordinary skill in the art would therefore have understood that parasympathetic system (e.g., vagus nerve) dysfunction, would exert a disinhibiting effect on the release of pro-inflammatory cytokines, and a concurrent promotion of inflammation related to Alzheimer’s. We therefore conclude that Ivanova teaches the disputed limitation of claim 182, and we affirm the Examiner’s rejection of that claim. G. Claim 183 (Appellant’s Group VII): Obviousness over Ivanova, Watkins, or Rezai, and Kuo or Childre Issue Claim 183 recites: “The method according to Claim 149, wherein the condition is multi-system atrophy.” App. Br. 62. Appellant argues that the 5 See Ivanova Abstr. Appeal 2020-002273 Application 12/774,616 26 Examiner erred because the cited art does not teach or suggest the limitation in which the condition is multi-system atrophy. Id. at 20. Analysis We have explained supra why we conclude that Ivanova neither teaches nor suggests the claim term “multi-system atrophy,” and we incorporate by reference that reasoning with respect to claim 183. With respect to the teachings of Watkins, Appellant disputes the Examiner’s determination that, in its broadest reasonable interpretation “the term ‘multisystem atrophy’ is considered to be consistent with anorexia- nervosa since anorexia nervosa results in multi-system atrophy.” App. Br. 40 (quoting Adv. Act. 8). We do not find such tautological reasoning by the Examiner persuasive, particularly in view of the fact that the Examiner adduces no evidence in support of the conclusion that anorexia causes multi-system atrophy. Nor is the Examiner’s interpretation consistent with our adopted interpretation of the claim term “multi-system atrophy” supra. Absent any persuasive evidence that there is a link between anorexia nervosa and multi- system atrophy, we do not sustain the Examiner’s rejection. With respect to the teachings of Rezai, Appellant points to the Examiner’s finding that Rezai teaches “atrophy can be treated at least indirectly by stimulating the ANS.” App. Br. 45 (quoting Adv. Act. 9 (citing Rezai ¶ 50)). Appellant contends that Rezai refers to “atrophy” in paragraph [0050] only in the context of the symptoms of “[a] syndrome of total body pain due to CRPS [complex regional pain syndrome].” Id. (quoting Rezai ¶ 50). Specifically, Appellant argues, Rezai refers to “skin changes such as atrophy, dryness, and scaling.” Id. Appellant asserts that Appeal 2020-002273 Application 12/774,616 27 the atrophy referred to in Rezai could not be reasonably understood by a skilled artisan to refer to multi-system atrophy as recited in the claims. Id. We agree with Appellant’s reasoning. The paragraph of Rezai relied upon by the Examiner teaches, in relevant part: Complex regional pain syndrome (CRPS) type I, commonly known as reflex sympathetic dystrophy syndrome, or RSDS, was described 25 years ago.… Spontaneous pain develops in the territory of the affected nerve that may then spread beyond that region. Vasomotor abnormalities and focal edema may occur alone or in combination in both CRPS types I and II. These are a severely disabling group of illness with simultaneous involvement of nerve, skin, muscle, blood vessels, and bones. While there are many symptoms associated with CRPS, the only common denominator is pain. The pain usually appears in one or more extremities, and is described as chronic, burning and constant in nature. A syndrome of total body pain due to CRPS has been described as well. The remainder of symptoms may or may not occur. These symptoms include swelling, limited motor function which may lead to atrophy or dystrophy, tremor focal dystonia or spasm, skin changes such as atrophy, dryness, and scaling, as well as bony changes with joint tenderness and swelling. Rezai ¶ 50 (emphasis added). We are not persuaded by the Examiner’s reasoning that Rezai’s teaching of atrophy of motor function, as a possible symptom of CRPS, corresponds to multi-system atrophy, which we have defined supra as “a progressive neurodegenerative disorder characterized by a combination of symptoms that affect both the autonomic nervous system ... and movement.” NIH. Simply put, the Examiner has not provided us with any evidence of record of a nexus between CRPS and multi-system atrophy, Appeal 2020-002273 Application 12/774,616 28 as thus defined. Absent any such evidence, we do not sustain the Examiner’s rejection of claim 183. H. Claim 184 (Appellant’s Group VIII): Obviousness over Ivanova or Branham, and Kuo or Childre Issue Claim 184 recites: “The method according to Claim 149, wherein the condition is fluid retention.” App. Br. 62. Appellant argues that the Examiner erred because the cited art does not teach or suggest the limitation in which the condition is fluid retention. Id. at 23, 33–34. Analysis With respect to the teachings of Ivanova, we have explained supra why we find that the reference teaches the disputed limitation. We therefore sustain the Examiner’s rejection upon this ground. With respect to the teachings of Branham, Appellant points to the Examiner’s finding that “¶ 198 of Branham … teaches use as a diuretic.” App. Br. 34 (quoting Final Act. 4). Appellants argues that paragraph [0198] of Branham lists “examples of therapeutic agents” and, as such, does not teach or suggest treating a subject with fluid retention, let alone specifically measuring the parasympathetic/sympathetic activity ratio to detect a systemic loss of parasympathetic function in a subject with fluid retention. Id. We are not persuaded. In our Prior Decision, we found that Branham teaches: Appeal 2020-002273 Application 12/774,616 29 “[A]dministering a pharmacological agent to said subject sufficient to provide systemic pharmacological modulation of said subject’s autonomic nervous system to modulate the parasympathetic activity/sympathetic activity ratio.” For example, Branham teaches, inter alia, the use of “parasympathomimetics, cholinergic agonist parasympathomimetics, cholinesterase inhibitor parasympathomimetics, sympatholytics, a-blocker sympatholytics, ß-blocker sympatholytics, sympathomimetics, and adrenergic agonist sympathomimetics" as therapeutic agents, all of which are well-known in the art to target and influence the activity of the sympathetic or parasympathetic subsystems of the autonomic nervous systems, which include the recited conditions. Prior Decision 14 (citing Branham ¶ 200). Branham further teaches that such active agents can include diuretics, which are well known in the art for the treatment of fluid retention by removing water from the body. Branham ¶ 198 (see Mayo Clinic, Diuretics, available at: https://www.mayoclinic.org/ diseases-conditions/high-blood-pressure/in-depth/diuretics/art-20048129 (last visited October 19, 2020). We have explained supra why we find that Kuo or Childre teach measuring the parasympathetic/sympathetic activity ratio to detect a systemic loss of parasympathetic function. We consequently affirm the Examiner’s rejection of claim 184. J. Claim 185 (Appellant’s Group IX): Obviousness over Ivanova and Kuo or Childre Issue Claim 185 recites: “The method according to Claim 149, wherein the condition is Alzheimer’s [disease].” App. Br. 62. Appellant argues that the Appeal 2020-002273 Application 12/774,616 30 Examiner erred in finding that Ivanova teaches the limitation in which the condition is Alzheimer’s disease. App. Br. 24. Analysis Appellant repeats the argument that the Examiner has not established that the cited art teaches or suggests measuring the parasympathetic/ sympathetic activity ratio of a subject with Alzheimer’s to detect that the subject has a systemic loss of parasympathetic function. App. Br. 24. We are not persuaded. As we have explained supra, both Kuo and Childre teach measuring systemic loss of parasympathetic function. We have also explained why we find that Ivanova teaches the treatment of a loss of systemic parasympathetic function with Alzheimer’s disease, and why a person of ordinary skill in the art would have found it obvious to combine the teachings of Ivanova with those of Kuo or Childre. We consequently affirm the Examiner’s rejection of claim 185. J. Claim 176–178: Obviousness over Branham or Watkins, and Kuo or Childre, and Shapland Issue Claim 176 recites: The method according to Claim 149, wherein measuring the subject’s parasympathetic/sympathetic activity ratio comprises measuring one or more indicators of the autonomic nervous system selected from the group consisting of: amount of T helper cells, nerve conduction, catecholamine levels, heart rate variability, action potentials, QT interval, chronotropic response, inotropic response, vasodilator response, plasma volume, effective renal plasma volume, effective renal blood Appeal 2020-002273 Application 12/774,616 31 flow, norepinephrine, and concentrations of rennin-angiotensin- aldosterone system hormone. App. Br. 60–61. Claim 177 recites: “The method according to Claim 176, wherein the one or more indicators comprises heart rate variability and the measuring comprises measuring low HRV frequency peak (LF), high HRV frequency peak (HF), the HRV LF/HF ratio or a combination thereof.” App. Br. 61. Claim 178 recites: “The method according to Claim 149, wherein measuring the subject’s parasympathetic/sympathetic activity ratio comprises detecting nerve cell or axon activity in the subject.” App. Br. 61. The Examiner states that Shapland is cited to more explicitly teach a wide variety of methods to check the functioning of the parasympathetic nervous system including heart rate variability, volume of pressure changes, direct neural measurements, etc. Adv. Act. 10 (citing Shapland col. 1, ll. 54 et seq.). We have explained supra how both Kuo and Childre teach the limitation reciting “measuring the subject’s parasympathetic/sympathetic activity ratio comprises measuring one or more indicators of the autonomic nervous system selected from the group consisting of … heart rate variability….,” as recited in claim 176. Furthermore, we have explained how both Kuo and Childre explicitly teach measuring “heart rate variability and the measuring comprises measuring low HRV frequency peak (LF), high HRV frequency peak (HF), the HRV LF/HF ratio or a combination thereof.” See, e.g., Kuo ¶ 29; Childre col. 8, ll. 56–62. Appeal 2020-002273 Application 12/774,616 32 Shapland teaches: The present invention relates to a system for monitoring the autonomic neural tone of a patient and taking preventative or curative actions in an implanted device upon the occurrence of altered levels of the autonomic neural tone. The autonomic neural tone is detected by several methods including heart rate variability, the derivative of the volume or pressure changes in the heart, systolic time intervals, ventricular electrical parameters, and direct neural activity measurements. Shapland col. 1, ll. 54–62 (emphases added). Shapland thus teaches measurements of both heart rate variability and direct neural activity as a means of measuring “autonomic neural tone,” i.e., the relative activity levels of parasympathetic and sympathetic divisions of the autonomic nervous system. See id. at col. 2, ll. 42–44. In summary, we find that the combined cited prior art teaches or suggests all of the limitations of claims 176–178, and we affirm the Examiner’s rejection of the claims. K. Claim 173–178: Obviousness over Ivanova, Kuo or Childre, and Shapland Claims 173–175 depend, directly or ultimately, from independent claim 142, and otherwise mirror the language of claims 176–178 supra, which depend, directly or ultimately, from claim 149. Appellant argues that Shapland does not remedy these deficiencies of the prior cited art. We have explained our reasoning supra as to why we find that the combined cited prior art teaches each and every limitation of claims 142 and claims 176–78. We consequently affirm the Examiner’s rejection of these claims. Appeal 2020-002273 Application 12/774,616 33 L. Claim 173–178: Obviousness over Ivanova, Kuo or Childre, and Shapland Claims 173–175 depend, directly or ultimately, from independent claim 142. Appellant essentially repeats the arguments presented supra. We have already explained why we find that the combination of Cohen and Kuo or Childre teaches independent claim 142, and how Kuo or Childre, and Shapland, teach the limitations of claims 173–175 (and essentially identical claims 176–178). We consequently affirm the Examiner’s rejection of the claims. DECISION The Examiner’s rejection of claims 142, 147–149, 154–156, 159–163, 167–179, 181, 182, 184, and 185 as unpatentable under 35 U.S.C. § 103(a) is affirmed. The Examiner’s rejection of claims 180 and 183 as unpatentable under 35 U.S.C. § 103(a) is reversed. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED-IN-PART Appeal 2020-002273 Application 12/774,616 34 Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 149, 154, 155, 160–163, 168, 170, 172 176– 179, 184 103(a) Branham, Kuo, Childre 149, 154, 155, 160–163, 168, 170, 172 176– 179, 184 149, 154, 155, 160–163, 168, 170, 172, 176– 179, 183 103(a) Watkins, Kuo, Childre 149, 154, 155, 160–163, 168, 170, 172, 176– 179, 183 149, 154, 155, 160–163, 168, 170, 172, 176– 179, 183 103(a) Rezai, Kuo, Childre 149, 154, 155, 160–163, 168, 170, 172, 176– 179 183 142, 147–149, 154–156, 159– 163, 167–185 103(a) Ivanova, Kuo, Childre 142, 147–149, 154–156, 159– 163, 167–179, 181, 182, 184, 185 180, 183 142, 147, 148, 156, 159, 167, 169, 171, 173– 175, 180, 181 103(a) Cohen, Kuo, Childre 142, 147, 148, 156, 159, 167, 169, 171, 173– 175 180, 181 176–178 103(a) Branham, Watkins, Rezai, Kuo, Childre, Shapland 176–178 173–178 103(a) Ivanova, Kuo, Childre, Shapland 173–178 173–175 103(a) Cohen, Kuo, Childre, Shapland 173–175 Overall Outcome 142, 147–149, 154–156, 159– 163, 167–179, 180, 183 Appeal 2020-002273 Application 12/774,616 35 181, 182, 184, 185 Copy with citationCopy as parenthetical citation