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
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/16/25 has been entered.
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 11-15, 21-23 and 25-34 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. The specification does not disclose limitations “wherein the multi-channel signal mixing moves, during a first mode, a position of a beam focus point from the first convex side with the first polarity pattern to the plurality of spaced locations according to the first spatial periodic pattern of ultrasonic therapy, and wherein the multi-channel signal mixing moves, during a second mode, the position of the beam focus point from the second concave side with the second polarity pattern to the plurality of spaced locations according to the second spatial periodic pattern of ultrasonic therapy” and “wherein multi-channel signal mixing precisely moves, during a first mode, a position of a beam focus point from the first convex side with the first polarity pattern to the plurality of spaced locations according to the first spatial periodic pattern of ultrasonic therapy, and wherein the multi-channel signal mixing moves, during a second mode, the position of the beam focus point from the second concave side with the second polarity pattern to the plurality of spaced locations according to the second spatial periodic pattern of ultrasonic therapy”.
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)) and in view of Nudelman et al. (US 2009/0230820).
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 multi-channel signal mixing adapted to simultaneously apply ultrasonic therapy to tissue at a plurality of spaced locations (see abstract, [0006], [0102] and [0116]),
wherein the multi-channel signal mixing moves a position of a beam focus point at the plurality of spaced locations (see Fig. 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 each element; the array has many channels for the elements; produce simultaneously multiple foci by phasing create geometric focus (see applicant’s specification paragraphs [0175-0177] and Fig. 11);
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 via electronic dithering of at least one of a first electronic focus and a second electronic focus wherein the electronic dithering is accomplished via an excitation function comprising a modulation of at least one of a frequency parameter, a phase parameter, or a time parameter of the beam focus point that that moves the position of the beam focus point at 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 by dithering and this also moves a position of a beam focus point);
ultrasound transducer configured to create a first spatial periodic pattern and second spatial periodic pattern (see [0007], 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).
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 is 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 module modifies a spacing between the plurality of spaced locations between a first focal zone and a second focal zone, wherein multi-channel signal mixing precisely moves a position of a beam focus point at the plurality of spaced locations (see [0006-0007]; 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),
wherein a spacing between the plurality of spaced locations is modified via dithering, wherein the dithering provides an excitation function that moves a position of the beam focus point at the plurality of spaced locations (see Fig. 14, [0006-0007], [0142], [0192-0194], and [0218]).
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]);
ultrasound transducer configured to create a first spatial periodic pattern and second spatial periodic pattern (see [0007], 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).
Emery does not disclose wherein the ultrasound transducer comprises a first convex side with a first polarity pattern and a second concave side with a second polarity pattern. It is unclear if Emery’s transducer front and back sides are concave and convex. Using transducer of different shape is a designer choice that only require routine skill in the art (In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant)). Where the first polarity pattern and a second polarity pattern arranged is a designer choice that only require routine skill in the art (In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice)). Further, applicant discloses many designs choice arrangement of polarity (see Figs. 28-33 and [0205-0209]). Nudelman explicitly discloses ultrasound transducer comprises a first convex side with a first polarity pattern and a second concave side with a second polarity pattern (see Figs. 1-2, see 116a, 126 with positive + polarity and the other curve side 114a, 127 with – negative polarity; 116a and 114a are concave and convex side). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Emery to have wherein the ultrasound transducer comprises a first convex side with a first polarity pattern and a second concave side with a second polarity pattern as taught by Nudelman because this only require routine skill in the art and separate the polarity on the piece of transducer. The polarity can be arrangement in many ways known to one of ordinary skill in the art.
Emery also does not disclose “wherein the multi-channel signal mixing moves, during a first mode, a position of a beam focus point from the first convex side with the first polarity pattern to the plurality of spaced locations according to the first spatial periodic pattern of ultrasonic therapy, and wherein the multi-channel signal mixing moves, during a second mode, the position of the beam focus point from the second concave side with the second polarity pattern to the plurality of spaced locations according to the second spatial periodic pattern of ultrasonic therapy” and “wherein multi-channel signal mixing precisely moves, during a first mode, a position of a beam focus point from the first convex side with the first polarity pattern to the plurality of spaced locations according to the first spatial periodic pattern of ultrasonic therapy, and wherein the multi-channel signal mixing moves, during a second mode, the position of the beam focus point from the second concave side with the second polarity pattern to the plurality of spaced locations according to the second spatial periodic pattern of ultrasonic therapy”. Emery’s system has transducer with concave and convex side with different polarity that is capable of performing these limitations.
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 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 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 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 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 locations are positioned in a linear sequence within a cosmetic treatment zone, wherein the 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 zone being different from the second 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 treatment 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 10/16/25 have been fully considered but they are not persuasive. Applicant argues the references do not disclose new limitation “wherein multi-channel signal mixing precisely moves, during a first mode, a position of a beam focus point from the first convex side with the first polarity pattern to the plurality of spaced locations according to the first spatial periodic pattern of ultrasonic therapy, and wherein the multi-channel signal mixing moves, during a second mode, the position of the beam focus point from the second concave side with the second polarity pattern to the plurality of spaced locations according to the second spatial periodic pattern of ultrasonic therapy”. Applicant’s argument is not persuasive because the system has transducer with concave and convex side with different polarity that is capable of performing the claim function.
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).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN NGOC NGUYEN whose telephone number is (571)270-7031. The examiner can normally be reached Monday-Thursday 8:30am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3793