Stimulation For Treating Sleep Disordered Breathing

Patent No. US11850424 (titled "Stimulation For Treating Sleep Disordered Breathing") was filed by Inspire Medical Systems Inc on Jun 16, 2021.

What is this patent about?

’424 is related to the field of medical devices, specifically devices and methods for treating obstructive sleep apnea (OSA) . The background of the invention acknowledges that electrical stimulation of nerves, such as the hypoglossal nerve, can help maintain upper airway patency and alleviate OSA. However, prior approaches may have relied on complex, sensor-based systems to synchronize stimulation with the patient's breathing, potentially increasing cost and complexity.

The underlying idea behind ’424 is to provide effective nerve stimulation for treating OSA without requiring real-time synchronization with a sensed respiratory waveform. This is achieved by using a pre-programmed stimulation protocol that alternates between stimulation and non-stimulation periods, where the timing of these periods is independent of any sensors that would otherwise be used to detect and time the stimulation. The key insight is that by carefully selecting the durations of the stimulation and non-stimulation periods, the stimulation can effectively overlap with the inspiratory phase of breathing, even without precise synchronization.

The claims of ’424 focus on a device for treating OSA that includes a means for stimulating the hypoglossal nerve according to a first stimulation therapy protocol. This protocol involves alternating periods of stimulation and non-stimulation, where the timing of the stimulation periods is implemented without a sensing element for timing stimulation . The duration of each stimulation period is greater than the duration of each non-stimulation period. The means for stimulating includes an implantable electrode and/or an implantable pulse generator electrically connectable to the implantable electrode.

In practice, the device delivers electrical pulses to the hypoglossal nerve, which controls tongue movement, to prevent the tongue from collapsing and obstructing the airway during sleep. The stimulation protocol is designed such that the stimulation periods overlap with the inspiratory phase of breathing, even though the timing is not directly synchronized with the patient's actual breathing. This is achieved by basing the duration of the stimulation period on a reference respiration-related parameter , such as the average duration of a breath, and by ensuring that the stimulation cycle (stimulation period plus non-stimulation period) has a duration that is either shorter or longer than the reference breath duration.

This approach differs from prior solutions that rely on real-time sensing of the respiratory waveform to trigger and synchronize the stimulation. By eliminating the need for sensors, ’424 simplifies the device, reduces its cost, and potentially makes it easier to implant. The asynchronous stimulation protocol also helps to overcome situations where sensor-based systems are unable to achieve synchronization or when the sensing signal becomes unstable. The use of alternating stimulation and non-stimulation periods also helps to minimize potential muscle fatigue.

How does this patent fit in bigger picture?

Technical landscape at the time

In the mid-2010s when ’424 was filed, targeted electrical stimulation was being explored for various therapies, at a time when systems commonly relied on implantable pulse generators and electrodes to deliver stimulation to target nerves. At a time when X was typically implemented using Y, where X is nerve stimulation and Y is an implantable system with a pulse generator and electrode. When hardware or software constraints made B non-trivial, where B is precisely controlling stimulation parameters without real-time respiratory waveform synchronization.

Novelty and Inventive Step

The examiner allowed the claims because no prior art discloses an implantable electrode and/or an implantable pulse generator (IPG) for stimulating the hypoglossal nerve, where the stimulation period is greater than the non-stimulation period, and the stimulation period duration is based on a reference respiration-related parameter. The means for stimulating includes an implantable electrode and/or an implantable pulse generator electrically connectable to the implantable electrode in combination with the rest of the claimed elements.

Claims

This patent contains 21 claims, with independent claims numbered 1, 18, and 20. The independent claims generally focus on a device for treating obstructive sleep disordered breathing by stimulating the hypoglossal nerve according to a stimulation therapy protocol without a sensing element for timing stimulation. The dependent claims generally elaborate on the specifics of the stimulation therapy protocol and the reference breathing pattern used.

Key Claim Terms New

Definitions of key terms used in the patent claims.

Term (Source)Support for SpecificationInterpretation
Alternating periods of stimulation and non-stimulation
(Claim 1, Claim 18, Claim 20)
“In some examples, the independent stimulation element is configured to asynchronously stimulate an airway-patency-related nerve, according to a first stimulation protocol independent of sensed respiratory information and in which each stimulation cycle includes a stimulation period and a non-stimulation period.”A repeating sequence of time intervals where the hypoglossal nerve is stimulated, followed by time intervals where the nerve is not stimulated.
Continuous pulsed stimulation
(Claim 18)
“In some examples, each stimulation period within a stimulation cycle includes continuous stimulation. In some examples, continuous stimulation refers to a train of stimulation pulses which occur in a relatively short time frame. For instance, in some examples, continuous stimulation corresponds to at least a finite number (e.g. 5, 10, etc.) of stimulation pulses per second. In some examples, continuous stimulation corresponds to at least 20 stimulation pulses per second.”A series of stimulation pulses delivered without interruption during the stimulation period.
First stimulation therapy protocol
(Claim 1, Claim 18, Claim 20)
“In some examples, the independent stimulation element is configured to asynchronously stimulate an airway-patency-related nerve, according to a first stimulation protocol independent of sensed respiratory information and in which each stimulation cycle includes a stimulation period and a non-stimulation period. In some instances, the first stimulation protocol is referred to as being independent because the first stimulation protocol is not synchronized relative to sensed respiratory information. In some instances, the independence of the first stimulation protocol also may be referred to as being an asynchronous stimulation protocol because the first stimulation protocol is not synchronized relative to the sensed respiratory information.”A pre-programmed sequence of stimulation and non-stimulation periods applied to the hypoglossal nerve to treat obstructive sleep disordered breathing.
Reference respiration-related parameter
(Claim 1)
“In some examples, the at least partially implantable stimulation system includes sensing element(s) to receive and/or obtain respiratory information but that information is not employed to trigger stimulation by synchronizing the stimulation relative to characteristics of the sensed respiratory waveform. Rather, in these examples, the sensed respiratory information is used to detect and evaluate sleep disordered breathing behavior. When the detected behavior meets or exceeds a severity threshold, the therapy manager generally activates stimulation via the independent stimulation element.”A characteristic of breathing used to determine the duration of the stimulation period.
Timing of the stimulation periods
(Claim 1, Claim 18, Claim 20)
“In some examples, nerve stimulation is applied during a treatment period. In some examples, a treatment period corresponds to the patient engaging in sleeping behavior, and during which sleep disordered breathing is to be avoided. The treatment period can be manually initiated by the patient or automatically initiated by a device that applies the nerve stimulation.”The scheduling or control of when the stimulation periods occur within the first stimulation therapy protocol.

Litigation Cases New

US Latest litigation cases involving this patent.

Case NumberFiling DateTitle
1:25-cv-00667May 30, 2025Inspire Medical Systems, Inc. V. Nyxoah, Inc.

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US11850424

INSPIRE MEDICAL SYSTEMS INC
Application Number
US17348852
Filing Date
Jun 16, 2021
Status
Granted
Expiry Date
Jul 14, 2036
External Links
Slate, USPTO, Google Patents