Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11 and 21 and their dependent claims are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Limitation “transducer with a single ultrasound transduction element… multi-channel signal…” is not in the specification. According to paragraphs [0031-0032] of the specification multi-channel involve multi transduction elements. No embodiment discloses a single ultrasound transduction element with multi-channel signal.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 11-15, 21-23 and 25-34 are rejected under 35 U.S.C. 103 as being unpatentable over Emery (US 2014/0257145 (provided in the IDS)).
3. Addressing claims 11 and 21, Emery discloses:
an ultrasound treatment system configured for generating multiple simultaneous focus points from an ultrasound transducer, comprising (see abstract and [0006]):
an ultrasonic probe comprising an ultrasound transducer with a single ultrasound transduction element multi-channel signal mixing to simultaneously apply ultrasonic therapy to tissue at a plurality of spaced locations (see abstract, [0006], [0017], [0102] and [0116]),
wherein the single ultrasound transduction element comprises a first convex side with a first striped polarity pattern configured to create a first periodic spacing between adjacent regions of ultrasonic therapy, and a second concave side with a second striped polarity pattern configured to create a second periodic spacing between adjacent regions of ultrasonic therapy, the second striped polarity pattern rotationally offset from the first striped polarity pattern (see [0007], [0185-0186] and Fig. 11C-D; examiner interprets the limitation according to applicant’s specification paragraph [0014]; paragraph [0014] is the only paragraph that discuss spatial periodic pattern; it is exactly the same as paragraph [0007] of Emery; obvious to one of ordinary skill in the art that the bowl transducer is convex on one side and concave on the other side (see in Fig. 11C and [0186]) and two strip pattern of opposite polarity +1 and -1 on the convex and concave side of the bowl; if one rotate the top pattern by 180 degree it is the same as the bottom pattern therefore it is rotationally offset by 180 degree; see in Fig. 11D two focus points with spacing in between; spacing between two adjacent dark region/strip and spacing between two adjacent white region/strip (see Fig. 11C));
wherein the multi-channel signal mixing moves a position of a beam focus point from the first convex side with the first striped polarity pattern to the plurality of spaced locations according to the first periodic spacing of ultrasonic therapy (see Figs. 11C-D, 12C-D, 14, [0142], [0192-0194], [0206], [0218] and [0222]; each transducer or each transducer portion is addressable to produce a geometric focus; each address is a channel; change phase of element to change focus in an array require a channel for the element; produce simultaneously multiple foci by phasing create geometric focus; see multiple foci in Figs. 11D and 12D (see applicant’s specification paragraphs [0175-0177] and Fig. 11); Emery’s system has transducer with concave and convex sides with different polarity of strip pattern that allow the system to moves a position of a beam focus point to the plurality of spaced locations);
wherein the multi-channel signal mixing moves the position of the beam focus point from the second concave side with the second striped polarity pattern to the plurality of spaced locations according to the second periodic spacing of ultrasonic therapy (see Figs. 11C-D, 12C-D, 14, [0142], [0192-0194], [0206], [0218] and [0222]; each transducer or each transducer portion is addressable to produce a geometric focus; each address is a channel; change phase of element to change focus in an array require a channel for the element; produce simultaneously multiple foci by phasing create geometric focus; see multiple foci in Figs. 11D and 12D (see applicant’s specification paragraphs [0175-0177] and Fig. 11); Emery’s system has transducer with concave and convex sides with different polarity of strip pattern that allow the system to moves a position of a beam focus point to the plurality of spaced locations);
a control module coupled to the ultrasonic probe for controlling the ultrasound transducer (see Fig. 1 and [0099]),
wherein the control module modifies the spacing between the plurality of spaced locations (see Fig. 14, [0006-0007], [0142], [0192-0194], and [0218-0219]; change the location of focus zones through phasing, poling, etc. is modifies the spacing between the space locations and this also moves a position of a beam focus point);
an ultrasound treatment system for generating a simultaneous multi-focus treatment using multi-channel signal mixing, comprising (see abstract, Fig. 1 and [0006]; when system has multiple transducer elements and modulate phase of elements to adjust beam focus inherently the system has multiple channel; 1 channel can not adjust portion of element or different elements to different phases; the array has many channel for the elements):
a module comprising an ultrasound transducer (see abstract and Fig. 1, element 200),
wherein the ultrasound transducer comprises a single ultrasound transduction element adapted to simultaneously apply ultrasonic therapy to tissue at a plurality of spaced locations in tissue locations (see abstract, [0006], [0102] and [0116]),
wherein the single ultrasound transduction element comprises a first convex side with a first striped polarity pattern configured to create a first periodic spacing between adjacent regions of ultrasonic therapy, and a second concave side with a second striped polarity pattern configured to create a second periodic spacing between adjacent regions of ultrasonic therapy, the second striped polarity pattern rotationally offset from the first striped polarity pattern (see [0007], [0185-0186] and Fig. 11C-D; examiner interprets the limitation according to applicant’s specification paragraph [0014]; paragraph [0014] is the only paragraph that discuss spatial periodic pattern; it is exactly the same as paragraph [0007] of Emery; obvious to one of ordinary skill in the art that the bowl transducer is convex on one side and concave on the other side (see in Fig. 11C and [0186]) and two strip pattern of opposite polarity +1 and -1 on the convex and concave side of the bowl; if one rotate the top pattern by 180 degree it is the same as the bottom pattern therefore it is rotationally offset by 180 degree; see in Fig. 11D two focus points with spacing in between);
wherein the module modifies a spacing between the plurality of spaced locations between a first focal zone and a second focal zone, wherein the multi-channel signal mixing precisely moves a position of a beam focus point from the first convex side with the first striped polarity pattern to the plurality of spaced locations according to the first periodic spacing of ultrasonic therapy (see Figs. 11C-D, 12C-D, 14, [0006-0007], [0142], [0192-0194], [0206], [0218] and [0222]; change the location of focus zones through phasing, poling, etc. is modifies the spacing between the space locations by mixing and this also moves a position of a beam focus point; each transducer or each transducer portion is addressable to produce a geometric focus; each address is a channel; change phase of element to change focus in an array require a channel for the element; produce simultaneously multiple foci by phasing create geometric focus; see multiple foci in Figs. 11D and 12D (see applicant’s specification paragraphs [0175-0177] and Fig. 11); Emery’s system has transducer with concave and convex sides with different polarity of strip pattern that allow the system to moves a position of a beam focus point to the plurality of spaced locations),
wherein the multi-channel signal mixing moves the position of the beam focus point from the second concave side with the second striped polarity pattern to the plurality of spaced locations according to the second periodic spacing of ultrasonic therapy (see Figs. 11C-D, 12C-D, 14, [0142], [0192-0194], [0206], [0218] and [0222]; each transducer or each transducer portion is addressable to produce a geometric focus; each address is a channel; change phase of element to change focus in an array require a channel for the element; produce simultaneously multiple foci by phasing create geometric focus; see multiple foci in Figs. 11D and 12D (see applicant’s specification paragraphs [0175-0177] and Fig. 11); Emery’s system has transducer with concave and convex sides with different polarity of strip pattern that allow the system to moves a position of a beam focus point to the plurality of spaced locations);
wherein the module further comprises an interface guide designed to for removable coupling to a hand wand to provide electronic communication and power between the module and the hand wand (see Fig. 1 and [0102], 235),
wherein the ultrasound transducer is adapted to apply ultrasonic therapy whereby a plurality of portions of the ultrasound transducer are adapted to emit ultrasonic therapy at a plurality of phases of acoustic intensity, wherein a first phase is different than a second phase (see [0009]);
4. Addressing claims 12-15, 22-23 and 25-34, Emery discloses:
addressing claim 12, wherein the ultrasound transducer is adapted to apply ultrasonic therapy whereby a plurality of portions of the ultrasound transducer are adapted to emit ultrasonic therapy at a plurality of amplitudes of acoustic intensity, wherein a first amplitude is different than a second amplitude (see [0006-0007] and [0009]).
addressing claim 13, wherein at least one portion of the ultrasonic transducer is adapted to emit ultrasonic therapy at two or more amplitudes of acoustic intensity, and wherein the amplitude of ultrasonic therapy emitted by the at least one portion of the ultrasound transducer varies over time (see [0009]).
addressing claim 14, wherein the ultrasound transducer comprises piezoelectric material and the plurality of portions of the ultrasound transducer are adapted to create a plurality of corresponding piezoelectric material variations in response to an electric field applied to the ultrasound transducer (see [0009]).
addressing claim 15, wherein the ultrasound transducer is adapted to apply ultrasonic therapy via phase shifting whereby a plurality of portions of the ultrasound transducer are adapted to emit ultrasonic therapy at a plurality of phases of acoustic intensity, wherein a first phase is different than a second phase (see [0009]).
addressing claim 22, wherein the plurality of phases comprises discrete phase values (see [0009]).
addressing claim 23, wherein the ultrasound transducer has a first electronic focus; and wherein the ultrasound transducer has a second electronic focus (see [0142] and [0219]; two electronic foci at 1 mm and -1 mm; produce simultaneously multiple foci by phasing create geometric focus (see applicant’s specification paragraphs [0175-0177] and Fig. 11); modulate phasing to produce simultaneous foci are electronic foci; a pair of electronic foci produce a geometric focus).
addressing claim 25, wherein the ultrasound transducer is poled with at least a first poling configuration and a second poling configuration (see [0177]).
addressing claim 26, wherein the plurality of portions of the ultrasound transducer are adapted to emit ultrasonic therapy at a plurality of amplitudes of acoustic intensity, wherein a first amplitude is different than a second amplitude (see [0006-0007] and [0009]).
addressing claim 27, wherein at least one portion of the ultrasound transducer is adapted to emit ultrasonic therapy at two or more amplitudes of acoustic intensity, and wherein the amplitude of ultrasound therapy emitted by the at least one portion of the ultrasonic transducer remains constant over time (see [0009]; at least one portion of the ultrasonic transducer varies over time; means there are design in which all portions varies over time and there are design in which some portions varies and other portion constant over time).
addressing claim 28, wherein at least one portion of the ultrasound transducer is adapted to emit ultrasonic therapy at two or more amplitudes of acoustic intensity, and wherein the amplitude of ultrasonic therapy emitted by the at least one portion of a piezoelectric material varies over time (see [0009]).
addressing claim 29, wherein the ultrasound transducer comprises piezoelectric material and the plurality of portions of the ultrasound transducer are adapted to create a plurality of corresponding piezoelectric material variations in response to an electric field applied to the ultrasound transducer (see [0009]).
addressing claim 30, a control module configured for coupling to the ultrasound transducer for controlling the ultrasound transducer (see Fig. 1 and [0099]).
addressing claim 31, wherein the plurality of spaced locations are positioned in a linear sequence within a cosmetic treatment zone, wherein the plurality of spaced locations are separated (see [0009]).
addressing claim 32, wherein a first set of locations is positioned within a first cosmetic treatment zone and a second set of locations is positioned within a second cosmetic treatment zone, the first cosmetic treatment zone being different from the second cosmetic treatment zone (see [0009]).
addressing claim 33, wherein the plurality of portions of the ultrasound transducer comprises a plurality of piezoelectric material variations, wherein the plurality of piezoelectric material variations comprises at least one of expansion of the piezoelectric material and contraction of the piezoelectric material (see [0009]).
addressing claim 34, wherein the ultrasonic therapy is at least one of a face lift, a brow lift, a chin lift, an eye treatment, a wrinkle reduction, a décolletage improvement, a buttock lift, a scar reduction, a skin tightening, a treatment on a sweat gland, a treatment of hyperhidrosis, a sun spot removal, a fat treatment, a vaginal rejuvenation, and an acne treatment (see abstract).
Response to Arguments
Applicant's arguments filed 04/17/26 have been fully considered but they are not persuasive. Applicant argues the references do not disclose the amended limitation. Applicant’s argument is not persuasive because the amended limitation is disclosed by Emery in Fig. 11C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2008/0097253 (provided in the IDS) (see claim 8, each channel for each transducer element to control electronic focus); US 2014/0074076 (see [0576]; move/dithering foci by adjust phase); US 2012/0191020 (see [0051]; dithering focus by varying the phases); US 2011/0319793 (see [0051]; control the phase of each element to steer focus of each element), US 2003/0130657 (see Figs. 28-33 and [0205-0209]; different polarity on opposite sides); US 2015/0187349 (see Fig. 1 and 14, transducer with concave and convex side having positive and negative polarity arrangement); US 3,194,640 (see Fig. 2, transducer 39; concave-convex 40 and 41); US 2016/0000499 (see Fig. 10C and [0142]; concave and convex side of transducer) and US 2009/0230822 (see [0115], Figs. 2 and 9; concave and convex side of transducer with electrode of different polarity).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights