DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Application Status
This office action is in response to the communications filed on 11/30/2023 by the Applicant and in response to the communications filed on 10/30/2025 and 01/06/2026 by the PTAB, concerning Application No. 16/371,835. The amendments to the specification and the claims filed on 11/30/2023 are acknowledged. The Patent Board Decision filed on 10/30/2025 and the Appeal Dismissal due to No Response filed on 01/06/2026 are acknowledged. Prosecution is herein reopened by the Examiner. Presently, claims 15-22 remain pending.
Response to Arguments
Applicant’s previous arguments with respect to claim(s) 15-22 have been considered but are moot because the new ground of rejection set forth below does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 15 recites the limitation “a chirp function in communication with and operable to monitor the ultrasound transducer” in lines 5-6, which is claim language amenable to at least two plausible interpretations, and the written portion of the specification does not provide further clarity to determine the specific scope of the claims. Applicant's use of the term “function” here is indefinite because the term is used in the in the context of a system claim, and the term “function” is not a structural limitation, but rather connotes a process. It is unclear from the claims and the specification if the “chirp function” is a component that is structural or something that is non-structural (e.g., a signal) such that a component would create or generate the “chirp function”. Accordingly, it is unclear whether there is ability to ascertain the metes and bounds of the claim term “chirp function” because it’s unclear whether the claimed “chirp function” is due patentable weight. Specifically, if the claimed “chirp function” is a component that is structural, it should be given patentable weight, but if it is something that is non-structural, it should not be given patentable weight. The specification is of no repair either because paragraph [0099] of the specification describes that the “chirp function” is yet another function named a “frequency sweep”, which is described as a “step function of a set of different frequencies”. For examination purposes, the Examiner is interpreting the limitation “chirp function” as being something that is non-structural (e.g., a signal) such that a component would create or generate the “chirp function”. Clarification is required.
Claims 16-20 are also rejected under 35 U.S.C. 112(b) due to the dependency on claim 15.
Independent claim 22 recites the limitation “the ultrasound controller operable to monitor the ultrasound transducer to emit ultrasound energy comprising a chirp function” in lines 4-6. Likewise to independent claim 15, independent claim 22 is indefinite because it is unclear whether there is ability to ascertain the degree to which the “chirp function” should be given patentable weight. That is, the recitation of “to monitor the ultrasound transducer”/”to emit ultrasound energy comprising a chirp function” causes the function of emitting ultrasound energy to be based on a non-means claim element, another function, which monitors the ultrasound transducer. For examination purposes, the Examiner is interpreting the limitation “chirp function” as being something that is non-structural (e.g., a signal) such that a component would create or generate the “chirp function”. Clarification is required.
Claim Rejections - 35 USC § 103
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 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 15-16 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wiener et al. (US Patent No. 7,476,233 B1, hereinafter Wiener) in view of Goren et al. (US 2011/0270137 A1, hereinafter Goren).
Regarding claim 15, Wiener discloses a system for providing a constant average output of power from an ultrasound source, the system comprising:
an ultrasound transducer coupled to a power supply (see, e.g., Col. 1, lines 61-67, “The signal provided to the transducer is controlled so as to provide power on demand to the transducer in response to the continuous or periodic sensing of the loading condition (tissue contact or withdrawal) of the blade. As a result, the device goes from a low power (idle) state to a selectable high power (cutting) state automatically depending on whether the scalpel is or is not in contact with tissue”, and Col. 3, lines 52-58, “In an illustrative embodiment of the invention an ultrasonic generator and control system is housed in a console. Connected to the console by a cable is a hand piece that includes a piezoelectric transducer attached by a mechanical amplifying structure to a surgical blade or scalpel. The cable applies an electric current drive signal from the generator to the transducer to cause it to vibrate longitudinally”);
a controller in communication with the power supply (see, e.g., Col. 4, lines 12-24, “The digital core includes a digital signal processor or microcontroller, which controls the frequency and sets the desired amplitude of the output ultrasonic signal as well as other system functions. The generator uses a current amplitude feedback loop to set the drive current at a level selected by the user. Setting the desired power level is set by the user via switches on the console front panel, which level provides an indication to the processor of the output current level required. The processor produces a digital signal representative of the required current level, which is converted into an analog signal that controls the amplitude of a frequency signal also produced by the processor, that is supplied as an input to a push-pull amplifier”);
a frequency sweep in communication with and operable to monitor the ultrasound transducer (see, e.g., Col. 3, lines 8-17, “The new system has the ability to sweep the output drive frequency, monitor the frequency response of the ultrasonic transducer and blade, extract parameters from this response, and use these parameters for system diagnostics. This frequency sweep and response measurement mode is achieved via a digital code such that the output drive frequency can be stepped with high resolution, accuracy, and repeatability not existent in prior art. As a result, extensive and accurate diagnostics can be performed” (emphasis added)); and
a feedback loop from the frequency sweep to the controller (see, e.g., Col. 4, lines 16-32, “The generator uses a current amplitude feedback loop to set the drive current at a level selected by the user. Setting the desired power level is set by the user via switches on the console front panel, which level provides an indication to the processor of the output current level required. The processor produces a digital signal representative of the required current level, which is converted into an analog signal that controls the amplitude of a frequency signal also produced by the processor, that is supplied as an input to a push-pull amplifier. Before being supplied as an input to the amplifier, this signal is compared to a signal from a current sensor at the transducer to create an outer current control loop allowing the processor to change the drive current set point on the fly during operation. A change of the current set point is utilized only when the processor needs to adjust the output drive current set point during operation in the non-constant current portion of the power versus load curve”);
wherein the controller is operable to change a parameter on the ultrasound transducer based on the feedback loop to provide a constant average output of power from the ultrasound transducer (see, e.g., Col. 5, lines 61-67 and Col. 6, lines 1-5, “These benefits are achieved by employing a topology that includes a digital signal processor (DSP), a direct digital synthesis (DDS) circuit, a digital phase detection scheme, and direct sensing of transducer current and applied voltage which are digitally fed into the DSP to achieve tight analog regulation of output current drive by having the microprocessor control and regulate the output drive frequency. The benefits are also achieved by utilization of the microprocessor software control to change the current set point for the analog closed loop output current regulation circuit during operation, which allows switching to voltage or power regulation as desired” (emphasis added), and Col. 13, lines 19-29, “A signal representing the average output current from circuit 120 is applied to the negative input of node 132. The output of node 132 is a current error signal or amplitude control signal which is applied to DDS 128 to adjust the amplitude of its output, as opposed to the frequency of its output, which is controlled by the signal on line 146 from the DSP 60. The arrangement of current level signal 148, DAC 130, summing node 130, and signal supplied by average output voltage 122 allows the DSP to adjust the output current such that it can generate a desired power versus load curve when not in constant current mode”, where it is disclosed that power regulation comprises of ensuring that power remains at a constant desired level by adjusting parameters such as current level).
Wiener does not specifically disclose wherein the frequency sweep is specifically a chirp function.
However, in the same field of endeavor of ultrasound therapy, Goren discloses wherein the frequency sweep is specifically a chirp function (see, e.g., Para. [0083], “Also contemplated, are embodiments in which a combination of several frequencies is employed in order to better focus the ultrasound at the desired spot. In various exemplary embodiments of the invention the frequency is a resonant frequency which characterizes the dimension of the internal cavity of device 50. In some embodiments of the present invention the frequency is varied during operation (for example, by performing a frequency sweep, such as up-chirp or down-chirp) so as to vary the ultrasound near filed extent”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Wiener by including wherein the frequency sweep is specifically a chirp function, as disclosed by Goren. One of ordinary skill in the art would have been motivated to make this modification in order to substitute one known frequency sweep function for another, as recognized by Goren (see, e.g., Para. [0083]).
Regarding claim 16, Wiener modified by Goren discloses the system of claim 15, as set forth above. Wiener further discloses the system further comprising a coupling device in acoustic communication with the ultrasound transducer (see, e.g., Fig. 2, and Col. 7, lines 65-67 and Col. 8, lines 1-11, “As illustrated in more detail in FIG. 2, the ultrasonic hand piece 30 houses a piezoelectric transducer 36 for converting electrical energy to mechanical energy that results in longitudinal vibrational motion of the ends of the transducer. The transducer 36 is in the form of a stack of ceramic piezoelectric elements with a motion null point located at some point along the stack. The transducer stack is mounted between two cylinders 31 and 33. In addition a cylinder 35 is attached to cylinder 33, which is mounted to the housing at another motion null point 37. A horn 38 is also attached to the null point on one side and to a coupler 39 on the other side. Blade 32 is fixed to the coupler 39. As a result, the blade 32 will vibrate in the longitudinal direction at an ultrasonic frequency rate with the transducer 36”, where the claimed coupling device could correspond to the combination of the disclosed cylinders 31, 33, 35, horn 38, and/or coupler 39).
Regarding claim 20, Wiener modified by Goren discloses the system of claim 15, as set forth above. Wiener further discloses wherein the controller operable to control the power supply to change an amount of power provided to the ultrasound transducer (see, e.g., Col. 1, lines 61-67, “The signal provided to the transducer is controlled so as to provide power on demand to the transducer in response to the continuous or periodic sensing of the loading condition (tissue contact or withdrawal) of the blade. As a result, the device goes from a low power (idle) state to a selectable high power (cutting) state automatically depending on whether the scalpel is or is not in contact with tissue”, and Col. 3, lines 52-58, “In an illustrative embodiment of the invention an ultrasonic generator and control system is housed in a console. Connected to the console by a cable is a hand piece that includes a piezoelectric transducer attached by a mechanical amplifying structure to a surgical blade or scalpel. The cable applies an electric current drive signal from the generator to the transducer to cause it to vibrate longitudinally”, and Col. 5, lines 61-67 and Col. 6, lines 1-5, “These benefits are achieved by employing a topology that includes a digital signal processor (DSP), a direct digital synthesis (DDS) circuit, a digital phase detection scheme, and direct sensing of transducer current and applied voltage which are digitally fed into the DSP to achieve tight analog regulation of output current drive by having the microprocessor control and regulate the output drive frequency. The benefits are also achieved by utilization of the microprocessor software control to change the current set point for the analog closed loop output current regulation circuit during operation, which allows switching to voltage or power regulation as desired” (emphasis added), and Col. 13, lines 19-29, “A signal representing the average output current from circuit 120 is applied to the negative input of node 132. The output of node 132 is a current error signal or amplitude control signal which is applied to DDS 128 to adjust the amplitude of its output, as opposed to the frequency of its output, which is controlled by the signal on line 146 from the DSP 60. The arrangement of current level signal 148, DAC 130, summing node 130, and signal supplied by average output voltage 122 allows the DSP to adjust the output current such that it can generate a desired power versus load curve when not in constant current mode”, where it is disclosed that power regulation comprises of ensuring that power remains at a constant desired level by adjusting parameters such as current level).
Claim 17 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wiener (US Patent No. 7,476,233 B1) in view of Goren (US 2011/0270137 A1), as applied to claim 16 above, and further in view of Estes (US Patent 5,355,048, of record, hereinafter Estes).
Regarding claim 17, Wiener modified by Goren discloses the system of claim 16, as set forth above. Wiener modified by Goren does not specifically disclose the system further comprising a half wavelength acoustic window in acoustic communication with the ultrasound transducer.
However, in the same field of endeavor of ultrasonic/acoustic transducers, Estes discloses (Figs. 3-5 and 8) a system for providing a constant average output of power, the system comprising a half wavelength acoustic window (quartz window / isolation layer 35) in acoustic communication with the ultrasound transducer (transducer 29) (see, e.g., Col. 5, lines 36-44, “The quartz window 35 is also referred to as an isolation layer, and the thickness of the quartz window or isolation layer 35 is critical to the present invention and must be an integral number of one-half wavelengths of the frequency of the megasonic energy propagating through the isolation layer 35; and preferably, the isolation layer 35 has a thickness of one-half wavelength of the high frequency of the acoustic energy propagating through the isolation layer 35”, and Col. 13, lines 23-68 to Col. 14, lines 1-23, where the desired thickness of the acoustic window is reiterated, and where a constant power of the transducer is disclosed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the system of Wiener modified by Goren by including the system further comprising a half wavelength acoustic window in acoustic communication with the ultrasound transducer, as disclosed by Estes. One of ordinary skill in the art would have been motivated to make this modification in order to affect the propagation of the high frequency acoustic energy through the acoustic window with minimal losses, and in order to provide the needed mechanical strength of the acoustic window, as recognized by Estes (see, e.g., Col. 5, lines 36-44, and Col. 13, lines 23-37).
Claims 18-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Wiener (US Patent No. 7,476,233 B1) in view of Goren (US 2011/0270137 A1), as applied to claims 15-16 above, and further in view of Sliwa (US 2009/0163836 A1, of record, hereinafter Sliwa).
Regarding claim 18, Wiener modified by Goren discloses the system of claim 16, as set forth above. Wiener modified by Goren does not specifically disclose wherein the coupling device contains a medium configured to be transparent to ultrasound energy.
However, in the same field of endeavor of ultrasound therapy, Sliwa further discloses (Fig. 1) wherein the coupling device (waveguide 5) contains a medium (filler material 10) configured to be transparent to ultrasound energy (see, e.g., Para. [0029], lines 16-26, “Waveguide 5 comprises a wall material(s) 9 and a filler or acoustic propagation medium(s) 10. The filler material 10 shown may be aqueous, such as saline, and more preferably, sterile saline. The filler material 10 may be, for example, a flowable material, such as saline, as well as solid fillers, gel fillers, or structured solid fillers, the latter comprising, for example, bundles of generally parallel acoustics-carrying glass or metal fibers. In any case the acoustic propagation medium will have low acoustic attenuative losses as does water, many other liquids and gels, most metals and glasses and fibers thereof”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the system of Wiener modified by Goren by including wherein the coupling device contains a medium configured to be transparent to ultrasound energy, as disclosed by Sliwa. One of ordinary skill in the art would have been motivated to make this modification in order to provide low acoustic attenuative losses, as recognized by Sliwa (see, e.g., Para. [0029]).
Regarding claim 19, Wiener modified by Goren discloses the system of claim 15, as set forth above. Wiener modified by Goren does not specifically disclose the system further comprising a contact sensor operable to determine if the ultrasound transducer is coupled to a target.
However, in the same field of endeavor of ultrasound therapy, Sliwa further discloses (Fig. 1) the system further comprising a contact sensor (power sensor 12A) operable to determine if the ultrasound transducer (transducer 3, 4) is coupled to a target (target tissue 8) (see, e.g., Para. [0016], lines 52-56, “The power detection sensor may be used for feedback to the user to infer the power being successfully propagated to a point anywhere along the acoustic propagation path, including that delivered to a subject”, and Para. [0032-0033], where detection (by power sensor 12A) of power (of acoustic energy coming from the transducer 3, 4) delivered to the subject indicates/determines that the transducer 3, 4 is coupled to the subject/target tissue 8 receiving the detected power coming from the transducer 3, 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the system of Wiener modified by Goren by including the system further comprising a contact sensor operable to determine if the ultrasound transducer is coupled to a target, as disclosed by Sliwa. One of ordinary skill in the art would have been motivated to make this modification in order to provide feedback to the user to infer the power is being successfully propagated/delivered to a subject, as recognized by Sliwa (see, e.g., Para. [0016]).
Claims 21-22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sliwa (US 2009/0163836 A1, of record, hereinafter Sliwa) in view of Goren et al. (US 2011/0270137 A1, hereinafter Goren).
Regarding claim 21, Sliwa discloses (Fig. 1) a system for providing a constant average output of power from an ultrasound source (see, e.g., Para. [0023], [0026], and [0032]-[0033]), the system comprising:
an ultrasound transducer (transducer 3, 4) coupled to a power supply (see, e.g., Abstract, lines 3-6, “the system comprises an optionally disposable waveguide-attached ablation applicator coupled with an optionally re-usable waveguide, and an optional acoustic power source”, and Para. [0028], lines 2-14, “This embodiment comprises a control console or system box 1 having a power-cord 2. An ultrasound transducer that includes a piezocrystal 4 and preferably an overlying acoustic matching layer 3… The transducer 3, 4 is shown emitting acoustic energy… While FIG. 1 shows just one embodiment of a transducer, any acoustics-producing energy source including piezoceramic, electrostatic and magnetostrictive known types may be used to provide acoustic energy”);
an ultrasound controller in communication with the power supply and the ultrasound transducer (3, 4), the ultrasound controller configured to cause the ultrasound transducer (3, 4) to emit ultrasound energy (see, e.g., Fig. 1, and Para. [0016], “The present invention provides systems for delivering acoustic energy to a subject, and methods of using the same, wherein the systems comprise a transducer; a means to power the transducer to emit acoustic energy”, and Para. [0021], “The invention provides waveguide-attached ablation applicators that are preferably and affordably disposable while re-using the waveguide and the acoustic power sources, thus maximizing cost savings and maintaining safety. Most likely the acoustic power source would be mounted in a console or control box and have the acoustic waveguide plugged into it”, and Para. [0028], lines 2-14, “This embodiment comprises a control console or system box 1 having a power-cord 2. An ultrasound transducer that includes a piezocrystal 4 and preferably an overlying acoustic matching layer 3… The transducer 3, 4 is shown emitting acoustic energy… While FIG. 1 shows just one embodiment of a transducer, any acoustics-producing energy source including piezoceramic, electrostatic and magnetostrictive known types may be used to provide acoustic energy”); and
a feedback loop coupled to the ultrasound controller (see, e.g., Para. [0032], lines 8-17, “The sensor 12A may communicate with the system 1 via, for example, a feedback loop or connection 12B. A "power sensor" 12A is any sensor that either directly measures acoustic power or acoustic pressure, or measures a property, such as temperature, that may be correlated with acoustic power or pressure or from which acoustic power may be inferred. Using the power sensor 12A, system 1 may be informed, for example, via feedback loop 12B, to adjust power for acoustic energy E.sub.3 such that power of acoustic energy E.sub.2 remains relatively constant”),
wherein the ultrasound controller is operable to change a parameter on the ultrasound transducer (3, 4) based on the feedback loop to provide a constant average output of power from the ultrasound transducer (3, 4) (see, e.g., Para. [0032], lines 14-27, “Using the power sensor 12A, system 1 may be informed, for example, via feedback loop 12B, to adjust power for acoustic energy E.sub.3 such that power of acoustic energy E.sub.2 remains relatively constant… power may be adjusted in an area-wise manner at the transducer 3, 4, by varying any one or more of power (amplitude), phase, frequency, etc.”, and Para. [0033], lines 1-5, “If the sensor 12A is placed inside an applicator 6, variations in the ability of the applicator 6 itself to pass power into the target tissue 8 may be monitored and the acoustic energy E.sub.3 accordingly modulated by the operator or by the console 1 automatically”).
Sliwa does not specifically disclose wherein the ultrasound controller is configured to cause the ultrasound transducer to emit ultrasound energy specifically in a chirp function.
However, in the same field of endeavor of ultrasound therapy, Goren discloses wherein the ultrasound transducer emits ultrasound energy specifically in a chirp function (see, e.g., Para. [0083], “Also contemplated, are embodiments in which a combination of several frequencies is employed in order to better focus the ultrasound at the desired spot. In various exemplary embodiments of the invention the frequency is a resonant frequency which characterizes the dimension of the internal cavity of device 50. In some embodiments of the present invention the frequency is varied during operation (for example, by performing a frequency sweep, such as up-chirp or down-chirp) so as to vary the ultrasound near filed extent”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Sliwa by including wherein the ultrasound transducer emits ultrasound energy specifically in a chirp function, as disclosed by Goren. One of ordinary skill in the art would have been motivated to make this modification in order to desirably provide a frequency sweep function, as recognized by Goren (see, e.g., Para. [0083]).
Regarding claim 22, Sliwa discloses (Fig. 1) a system for providing a constant average output of power form an ultrasound source (see, e.g., Para. [0023], [0026], and [0032]-[0033]), the system comprising:
an ultrasound transducer (transducer 3, 4) coupled to a power supply (see, e.g., Abstract, lines 3-6, “the system comprises an optionally disposable waveguide-attached ablation applicator coupled with an optionally re-usable waveguide, and an optional acoustic power source”, and Para. [0028], lines 2-14, “This embodiment comprises a control console or system box 1 having a power-cord 2. An ultrasound transducer that includes a piezocrystal 4 and preferably an overlying acoustic matching layer 3… The transducer 3, 4 is shown emitting acoustic energy… While FIG. 1 shows just one embodiment of a transducer, any acoustics-producing energy source including piezoceramic, electrostatic and magnetostrictive known types may be used to provide acoustic energy”);
an ultrasound controller in communication with the power supply (see, e.g., Para. [0028], lines 2-4, “This embodiment comprises a control console or system box 1 having a power-cord 2”), the ultrasound controller operable to monitor the ultrasound transducer (3, 4) to emit ultrasound energy (see, e.g., Fig. 1, and Para. [0016], “The present invention provides systems for delivering acoustic energy to a subject, and methods of using the same, wherein the systems comprise a transducer; a means to power the transducer to emit acoustic energy”, and Para. [0021], “The invention provides waveguide-attached ablation applicators that are preferably and affordably disposable while re-using the waveguide and the acoustic power sources, thus maximizing cost savings and maintaining safety. Most likely the acoustic power source would be mounted in a console or control box and have the acoustic waveguide plugged into it”, and Para. [0028], lines 2-14, “This embodiment comprises a control console or system box 1 having a power-cord 2. An ultrasound transducer that includes a piezocrystal 4 and preferably an overlying acoustic matching layer 3… The transducer 3, 4 is shown emitting acoustic energy… While FIG. 1 shows just one embodiment of a transducer, any acoustics-producing energy source including piezoceramic, electrostatic and magnetostrictive known types may be used to provide acoustic energy”); and
a feedback loop coupled to the ultrasound controller (see, e.g., Para. [0032], lines 8-17, “The sensor 12A may communicate with the system 1 via, for example, a feedback loop or connection 12B. A "power sensor" 12A is any sensor that either directly measures acoustic power or acoustic pressure, or measures a property, such as temperature, that may be correlated with acoustic power or pressure or from which acoustic power may be inferred. Using the power sensor 12A, system 1 may be informed, for example, via feedback loop 12B, to adjust power for acoustic energy E.sub.3 such that power of acoustic energy E.sub.2 remains relatively constant”),
wherein the ultrasound controller is operable to change a parameter on the ultrasound transducer (3, 4) based on the feedback loop to provide a constant average output of power from the ultrasound transducer (3, 4) (see, e.g., Para. [0032], lines 14-27, “Using the power sensor 12A, system 1 may be informed, for example, via feedback loop 12B, to adjust power for acoustic energy E.sub.3 such that power of acoustic energy E.sub.2 remains relatively constant… power may be adjusted in an area-wise manner at the transducer 3, 4, by varying any one or more of power (amplitude), phase, frequency, etc.”, and Para. [0033], lines 1-5, “If the sensor 12A is placed inside an applicator 6, variations in the ability of the applicator 6 itself to pass power into the target tissue 8 may be monitored and the acoustic energy E.sub.3 accordingly modulated by the operator or by the console 1 automatically”).
Sliwa does not specifically disclose wherein the controller is operable to monitor the ultrasound transducer to emit ultrasound energy specifically comprising a chirp function.
However, in the same field of endeavor of ultrasound therapy, Goren discloses wherein the ultrasound transducer emits ultrasound energy specifically comprising a chirp function (see, e.g., Para. [0083], “Also contemplated, are embodiments in which a combination of several frequencies is employed in order to better focus the ultrasound at the desired spot. In various exemplary embodiments of the invention the frequency is a resonant frequency which characterizes the dimension of the internal cavity of device 50. In some embodiments of the present invention the frequency is varied during operation (for example, by performing a frequency sweep, such as up-chirp or down-chirp) so as to vary the ultrasound near filed extent”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Sliwa by including wherein the ultrasound transducer emits ultrasound energy specifically comprising a chirp function, as disclosed by Goren. One of ordinary skill in the art would have been motivated to make this modification in order to desirably provide a frequency sweep function, as recognized by Goren (see, e.g., Para. [0083]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. [1] Friedman et al. (US 2002/0049463 A1) discloses monitoring frequency sweeps to determine if the ultrasonic blade is loose, but it does not seem to monitor frequency sweeps to provide a constant output of power; and [2] Heitman et al. (US Patent No. 5,449,112 A) discloses “In operation, the output of the crystal-controlled oscillator 102 is input to the phase detector 98, which sets the ultrasonic carrier frequency for the transmitter. The output of the phase detector 98 is coupled to the input of the voltage controlled oscillator 100 through a low pass filter 104. This provides a phase-locked loop closed loop feedback path to keep the average frequency of the voltage controlled oscillator phase-locked to the stable frequency of the crystal-controlled oscillator 102. The time constant of the low pass filter 104 is set sufficiently long so that deviation (sweeping) of the voltage controlled oscillator 100 output frequency over a very narrow range, controlled by the output voltage from data encoder 119, can be achieved without undue damping from the feedback circuits. The data is transmitted digitally using frequency modulation of the voltage controlled oscillator 100 output. The output frequency is swept over a range of frequencies to produce a chirp signal. The frequencies are swept in an increasing or decreasing fashion from around a specific center frequency that coincides with the peak response of the ultrasonic transducer 124” (emphasis added) in lines 45-66 of Col. 6.
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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798