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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed and examiner acknowledges the foreign priority date given of 12/16/2021.
Continued Examination Under 37 CFR 1.114
Receipt is acknowledged of a request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e) and a submission, filed on 04/13/2026.
Response to Amendment
The examiner acknowledges the amendments made to the claims 1 and 4 with claims 2 and 5 canceled in prosecution and new claim 6 added. Currently claims 1, 3-4 and 6 are pending in the present application.
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.
Claim(s) 1, 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber (US Patent No 20080200969) in view of Bencini (US Patent No 20150342672) further in view of Kim (US Patent No 20180214712).
Regarding claim 1, Weber teaches a high-frequency energy transmission device configured to noninvasively transmit high-frequency energy to a target tissue (apparatus for delivering high frequency energy via adjacent delivery to the deep tissue, [abstract]), the high frequency transmission device comprising: a tip (assembly or treatment tip 14, [0041]); a handpiece coupled with the tip (handpiece 10 which is coupled to the electrode assembly tip 14, [0041]), and a controller in communication with the handpiece (controller 32 which is directly connected to the handpiece 10 via the power supply lines 22, [0049]) wherein the tip comprises: an electrode configured to noninvasively emit high-frequency energy to the target tissue (wherein the electrode assembly 14 contains electrode 16 and is coupled to a high frequency generator for deliver energy to the target tissue, [0042]); the electrode having an electrode surface configured to contact a skin surface (the electrode 16 configured to contact the skin surface 28, [0043]), the electrode surface having a width and a length (see fig 13b depicting an electrode width and length); and a plurality of temperature sensors (see fig 3 which depicts the temperature sensors 64 arranged such that the electrode 16 is found in between the sensors 64), wherein the plurality of temperature sensors include a pair of electrode temperature sensors (see contact pads 62 and 63 which form the electrode pairs to create the thermal sensors 64, [0051]), one of the pair being disposed at a position adjacent to a first edge of the electrode surface, the first edge extending along the width, the other of the pair being disposed at a position adjacent to a second edge of the electrode surface, the second edge extending along the width opposite to the first edge (see from the fig 3 in which the right side of the electrode configuration 16 is seen as the first side, and the left side of the electrode 16 is seen as the second side opposite the first side, in which there are thermal sensors 64 found disposed on either side of the electrode 16), wherein the pair of electrode temperature sensors are disposed symmetrically with respect the electrode surface, such that a straight line extending between the pair of electrode temperature sensors passes through a center of the electrode surface (see from fig 3, in which the thermal sensors 64 are found symmetrically disposed on either side of the electrode 16 such that a straight line between would pass through the center of the electrode 16, furthermore the thermal sensors 64 are configured to be in direct contact with the skin surface 29, thereby being on the same plane as the contact electrode 16, [0052]), wherein each of the pair of electrode temperature sensors is configured to sense a temperature value of a skin surface contacting with each of the pair of electrode temperature sensors to transmit the temperature value to the controller (wherein the sensors 64 are used to measure the skin contact temperature, [0057], and the contact pads 62 and 63 act as a communication path connecting the conductive leads 56 to the controller 32, [0051]).
Weber does not explicitly teach wherein the electrode includes a first electrode having a first width and a first length, the first width being longer than the first length.
However, Weber does disclose that the treatment tip electrode may be rectangular, [0006], in which by definition a rectangular shape may contain a first width longer than the length. Furthermore, having a treatment electrode of different shaped structure such as rectangular is obvious and well known in the art, see for example the analogous RF electrode catheter system of Bencini which teaches a rectangular electrode with a first width longer than the length (see the rectangular electrodes 326a of [0071] and fig 7).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the high frequency energy device taught by Weber to contain a rectangular electrode treatment tip as disclosed by Bencini, as it is another known electrode shape in the art to allow for high energy transmission to the specified treatment zone as disclosed by Bencini, [0071].
The combination of Weber and Bencini does not teach wherein the controller is configured to: receive the temperature value from the one of the pair of electrode temperature sensors and the temperature value from the other of the pair of electrode temperature sensors; calculate an average value of the temperature value from the one of the pair and the temperature value from the other of the pair; and designate the average value as a temperature value of the electrode at the center thereof.
However, the analogous high frequency energy treatment device taught by Kim does teach wherein the controller is configured to: receive the temperature value from the one of the pair of electrode temperature sensors and the temperature value from the other of the pair of electrode temperature sensors (see from Kim, [0053]-[0055], in which contains temperature sensors 600 in 90 degree gaps as to measure the skin temperature value from all directions); calculate an average value of the temperature value from the one of the pair and the temperature value from the other of the pair; and designate the average value as a temperature value of the electrode at the center thereof (see in which the measured temperature of the skin values from the temperature sensors 600 of all directions is used to evenly measure the average value of the skin temperature at the treatment plate end 410, [0054]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the high frequency energy transmission device taught by Weber and Bencini, with the specific temperature reading and sensing capabilities to obtain the average temperature value of the electrode center taught by Kim, as it is a known way for those skilled in the art to predict the average temperature of the treatment electrode without potentially damaging the temperature sensors for being located too close to the treatment end, as taught by Kim, [0055].
Regarding claim 3, Weber teaches the high-frequency energy transmission device according to claim 1, further comprising: a controller electrically connected with the handpiece (controller 32 which is directly connected to the handpiece 10 via the power supply lines 22, [0049]), wherein the electrode further includes a second electrode having a second width and a second length, the second width and the length are being same (electrode 16 seen as the second electrode wherein the width and length are the same seen in fig 3); and wherein the plurality of temperature sensors include a plurality of second electrode temperature sensors disposed at edges of the second electrode (see fig 3 which depicts temperature sensors 64 found disposed around the edges of electrode 16), and wherein the plurality of second electrode temperature sensors are arranged to be adjacent to the second electrode (sensor 64 coupled with the adjacent electrode 16, [0051], see also fig 3), each of the plurality of second electrode temperature sensors being configured to sense a second temperature value of a skin surface getting in contact with each of the plurality of second electrode temperature sensors (wherein the sensors 64 are used to measure the skin contact temperature, [0057]) to transmit the second temperature value to the controller (the contact pads 62 and 63 act as a communication path connecting to the controller 32, [0051]).
Regarding claim 4, Weber teaches the high-frequency energy transmission device according to claim 1, further comprising: a non-transitory memory in communication with the controller (controller 32 may also include a memory system, [0045], which may be non-transitory or non-volatile, [0089]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weber (US Patent No 20080200969) in view of Kim (US Patent No 20180214712).
Regarding claim 6, Weber teaches a high-frequency energy transmission device (apparatus for delivering high frequency energy via adjacent delivery to the deep tissue, [abstract]), comprising: a tip (assembly or treatment tip 14, [0041]) including an electrode (wherein the electrode assembly 14 contains electrode 16 and is coupled to a high frequency generator for deliver energy to the target tissue, [0042]) and at least two temperature sensors (see fig 3 which depicts a plurality of temperature sensors 64), the electrode being configured to noninvasively emit high-frequency energy to a target tissue (apparatus for delivering high frequency energy via adjacent delivery to the deep tissue, [abstract]), the electrode having an electrode surface configured to contact a skin surface (the electrode 16 configured to contact the skin surface 28, [0043]); a handpiece coupled to the tip (handpiece 10 which is coupled to the electrode assembly tip 14, [0041]); and a controller in communication with the handpiece and the at least two temperature sensors (controller 32 which is directly connected to the handpiece 10 and temperature sensors 64 via the power supply lines 22, [0049]), wherein the at least two temperature sensors include: a first temperature sensor disposed adjacent to an edge or a corner of the electrode surface; and a second temperature sensor disposed adjacent to another edge or another corner of the electrode surface, the second temperature sensor being disposed opposite to the first temperature sensor (see from the fig 3 in which the right side of the electrode configuration 16 is seen as the first side, and the left side of the electrode 16 is seen as the second side opposite the first side, in which there are thermal sensors 64 found disposed on either side of the electrode 16), such that a straight line extending between the first temperature sensor and the second temperature sensor passes through a center of the electrode surface (see from fig 3, in which the thermal sensors 64 are found symmetrically disposed on either side of the electrode 16 such that a straight line between would pass through the center of the electrode 16, furthermore the thermal sensors 64 are configured to be in direct contact with the skin surface 29, thereby being on the same plane as the contact electrode 16, [0052]).
Weber does not teach wherein the controller is configured to: receive a first temperature value from the first temperature sensor and a second temperature value from the second temperature sensor; calculate an average temperature value of the first temperature value and the second temperature value; estimate a temperature of the center of the electrode surface based on the average temperature value; and adjust or block transmission of high-frequency energy from the electrode when the temperature of the center of the electrode surface exceeds a preset threshold.
However, the analogous high frequency energy treatment device taught by Kim does teach wherein the controller is configured to: receive the temperature value from the one of the pair of electrode temperature sensors and the temperature value from the other of the pair of electrode temperature sensors (see from Kim, [0053]-[0055], in which contains temperature sensors 600 in 90 degree gaps as to measure the skin temperature value from all directions); calculate an average value of the temperature value from the one of the pair and the temperature value from the other of the pair; and designate the average value as a temperature value of the electrode at the center thereof (see in which the measured temperature of the skin values from the temperature sensors 600 of all directions is used to evenly measure the average value of the skin temperature at the treatment plate end 410, [0054]); and adjust or block transmission of high-frequency energy from the electrode when the temperature of the center of the electrode surface exceeds a preset threshold (see in which the controller 500 stops the procedure when the sensors 600 sense a preset critical temperature on the treatment plate 410, [0055]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the high frequency energy transmission device taught by Weber, with the specific temperature reading and sensing capabilities to obtain the average temperature value of the electrode center taught by Kim, as it is a known way for those skilled in the art to predict the average temperature of the treatment electrode without potentially damaging the temperature sensors for being located too close to the treatment end, as taught by Kim, [0055].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3 and 4 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With regards to the argument presented about the amended claim 1, and dependent claims 3 and 4, that the previous prior art of record does not disclose the specific amended limitation that the symmetrical arrangement of temperature sensors in which the controller obtains the average value of the temperature sensors to use as the surface electrode treatment temperature, has been considered but ultimately found moot. The examiner agrees with the applicant that the prior art of Weber alone does not fully disclose the newly amended limitation. However, after further search and consideration, necessitated by the amended claim language, it has been found that the new analogous prior art of Kim does disclose the previous deficiencies of Weber in light of the new claim language. Specifically, Kim discloses the controller is configured to: receive the temperature value from the one of the pair of electrode temperature sensors and the temperature value from the other of the pair of electrode temperature sensors (see from Kim, [0053]-[0055], in which contains temperature sensors 600 in 90 degree gaps as to measure the skin temperature value from all directions); calculate an average value of the temperature value from the one of the pair and the temperature value from the other of the pair; and designate the average value as a temperature value of the electrode at the center thereof (see in which the measured temperature of the skin values from the temperature sensors 600 of all directions is used to evenly measure the average value of the skin temperature at the treatment plate end 410, [0054]); and adjust or block transmission of high-frequency energy from the electrode when the temperature of the center of the electrode surface exceeds a preset threshold (see in which the controller 500 stops the procedure when the sensors 600 sense a preset critical temperature on the treatment plate 410, [0055]). Therefore, as the new prior art of record teaches all the limitations of the amended claim 1, it along with the dependent claims 3 and 4 remain rejected under the new prior art of record rejection of Weber in view of Kim set forth in the present office action.
In regards to the new claim 6, as the new prior art of record of Weber in view of Kim teaches all of the new limitations presented within the claim, it too remains rejected under the prior art of record rejection of Weber in view of Kim presented in the current office action.
Conclusion
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/KYLE M. BROWN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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