DETAILED ACTION
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 .
Response to Amendment
The amendments under 37 CFR 1.132 filed 11/25/2025 is sufficient to overcome the rejection of claims 21-49 based upon current art failing to teach all aspects of the amended claims.
Acknowledgement is made to cancelled claim 41. Claims 21-40, and 42-49 are currently pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed 11/25/2025, with respect to the rejection(s) of independent claim(s) 21 and 49 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Olsen (US 4685462 A).
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 21-24, 26-29, 37, 38, 42-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lichtenstein (US 20190090928 A1) in view of Olsen (US 4685462 A).
Regarding claim 21, Lichtenstein teaches apparatus for treating emphysema or chronic obstructive pulmonary disease, COPD, by selectively heating diseased lung tissue ([abstract] The invention may be applied to selectively heat a diseased area in the lung while minimizing heating to the healthy area and surrounding tissue) in a patient to a temperature above a treatment threshold temperature for a cumulative time sufficient to cause a therapeutic effect in the diseased lung tissue ([0051] By application of electromagnetic energy, selected diseased tissues may be heated to temperatures above a threshold temperature) ([0066] Heating may be continued for sufficient time to raise the diseased tissues to temperatures above a threshold temperature for a time sufficient to achieve a desired treatment outcome), the apparatus comprising: at least one signal applicator ([0029] a plurality of electromagnetic signal applicators) comprising an electrical conductor dimensioned to extend circumferentially around or nearly around the torso of the patient ([0058] The RF energy is applied between two or more of electrodes 22 via wires 36); a power source connected to deliver a radiofrequency (RF) signal to the at least one applicator ([0080] power output of RF generator 30), the power source comprising an impedance matching network operative to match an output impedance of the power source to an input impedance of the signal applicator ([0061] Impedance matching network 32 is provided to match the output impedance of RF generator 30 to the impedance of body 1); a controller operatively associated with the power source and configured to control the power source to apply the RF signal to the applicator ([0080] apparatus 10 includes a controller that automatically controls one or more of: the power output of RF generator 30, the electrodes between which the output of RF generator 30 is applied, a duty cycle of RF generator 30 and a duration of a period during which RF generator 30 applies heating energy to a body 1 based at least in part on real time measurements of temperature(s) at one or more locations in tissues in a patient); the applicator, when energized by the RF signal, operative to couple an electromagnetic energy signal into tissues of the patient ([0050] the electromagnetic field may comprise radiofrequency (RF) energy), such that the tissues of the patient are heated by the electromagnetic energy signal and the diseased tissue is selectively heated to higher temperatures than healthy tissues due to relatively lower blood circulation to the diseased tissue when compared to blood circulation to the healthy tissues ([0096] Lower parts of the lung typically contain more blood due to the effect of gravity than parts of the lung at higher elevations. The amount of blood at a location to be treated can affect the rate at which the temperature of tissue at that location increases when electromagnetic energy is delivered to the tissue).
Lichtenstein fails to fully teach wherein the controller is configured to set the frequency of the RF signal to be at or near an integer multiple of a resonant frequency of the applicator when the patient is present to create localized alternating electric fields extending in an axial direction substantially parallel to an inferior-superior direction of the patient.
However, Olsen teaches wherein the controller is configured to set the frequency of the RF signal ([3] an automatic tuning device 22, which may be in the form of switched capacitors and inductors, transforms the coil and subject impedance to a purely resistive load equal to the tunable RF generator output impedance) to be at or near an integer multiple of a resonant frequency of the applicator ((4) The combination of coils 12,14 and subject S may be regarded as having an equivalent circuit composed of capacitances, resistances and inductances in a somewhat complex parallel resonance configuration. Operation at resonant frequency maximizes the warming effect with the minimum application of power, thereby reducing possibility of burns and minimizing stray radiations that could cause EMI (electromagnetic interference) with other electronic equipment) when the patient is present to create localized alternating electric fields ((5) Of course, the biological mass and makeup of different subjects will result in different resonant frequencies and this will be accommodated by the automatic tuning feature. Preferably, the size and numbers of the turns of the coils are selected to provide resonance in the range of about two to twenty MHz) extending in an axial direction substantially parallel to an inferior-superior direction of the patient (FIG. 1 is diagrammatic illustration of a hypothermia treatment apparatus embodying the present invention). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the controller is configured to set the frequency of the RF signal to be at or near an integer multiple of a resonant frequency of the applicator when the patient is present to create localized alternating electric fields extending in an axial direction substantially parallel to an inferior-superior direction of the patient. Doing so allows for the frequency of the RF signal to be adjusted depending on the resonant frequency of the applicator when the patient is present to ensure accurate application of the magnetic fields.
Regarding claim 22, Lichtenstein teaches the apparatus according to claim 21 comprising a temperature monitor operative to monitor a temperature at one or more locations within the tissue of the patient ([0081] [0083] processing data obtained by a magnetic resonance imaging (MRI) system or other external imaging system capable of temperature monitoring) wherein the controller is connected to receive a temperature signal from the temperature monitor indicating the temperature at the one or more locations, and the controller is configured to apply feedback control to the power source to regulate the electromagnetic energy signal delivered into the patient based at least in part on the temperature signal ([0088] the controller both modulates the power output of RF generator 30 as the temperature of a tissue is raised toward a desired temperature and shuts of delivery of power by RF generator 30 when the desired temperature has been reached. Feedback control can prevent the target temperature from being exceeded).
Regarding claim 23, Lichtenstein teaches the apparatus according to claim 22 wherein the temperature monitor is a non-invasive temperature monitor ([0081] [0083] processing data obtained by a magnetic resonance imaging (MRI) system or other external imaging system capable of temperature monitoring).
Regarding claim 24, Lichtenstein teaches the apparatus according to claim 22 wherein the temperature monitor comprises a magnetic resonance imaging (MRI) imaging system and a processor ([0171] Certain embodiments of the invention incorporate control systems or controllers. Such controllers or control systems may be implemented using specifically designed hardware, configurable hardware, programmable data processors configured by the provision of software (which may optionally comprise “firmware”) capable of executing on the data processors, special purpose computers or data processors that are specifically programmed, configured, or constructed to perform one or more steps in a method as explained in detail herein and/or combinations of two or more of these) configured to process a MRI signal provided by the MRI imaging system to determine the temperature corresponding to each of the one or more locations ([0081] [0083] processing data obtained by a magnetic resonance imaging (MRI) system or other external imaging system capable of temperature monitoring).
Regarding claim 26, Lichtenstein teaches the apparatus according to claim 22 wherein the controller is configured to control one or more parameters of the RF signal until the temperature at the location is at least equal to the treatment threshold temperature for the cumulative time ([31] wherein the controller is configured to regulate the heating energy to raise a temperature at one of the one or more locations to a temperature of at least 50 C and to maintain the temperature at 50 C or higher for a selected time period).
Regarding claim 27, Lichtenstein teaches the apparatus according to claim 22 wherein: the controller comprises a model of at least a portion of the patient, the model correlating temperatures at the one or more locations to a temperature of a location of interest ([0095] A thermal model of the patient's anatomy may be generated from pre-operative images. Known thermal conductivities of different tissue types may be combined with known distributions of those tissue types in the patient, known geometries of electrodes, coils or other structures to be used to deliver heating energy to the tissues and a circulation model to estimate how temperatures at the alternative location(s) correlate to temperatures at the locations of interest); and the controller is configured to apply the model using the temperature signal as an input and to regulate the heating energy based at least in part on an output of the model ([0089] Embodiments that apply open-loop temperature control may optionally calculate a current temperature within a tissue of interest based on a mathematical model of the heat absorbed in the tissue and the cooling rate of the tissue. An output of the model may be applied to control power output of RF generator 30 and/or to stop RF generator 30 from further raising temperature of tissues after the model predicts that a threshold temperature has been reached).
Regarding claim 28, Lichtenstein teaches the apparatus according to claim 27 wherein the model comprises one or more of: electrical and thermal properties of different tissue types in the patient, distributions of the different tissue types in the patient, geometry of one or more electromagnetic energy applicators, resulting expected electromagnetic field distributions, and perfusion rates in the patient ([0095] A thermal model of the patient's anatomy may be generated from pre-operative images. Known thermal conductivities of different tissue types may be combined with known distributions of those tissue types in the patient, known geometries of electrodes, coils or other structures to be used to deliver heating energy to the tissues and a circulation model to estimate how temperatures at the alternative location(s) correlate to temperatures at the locations of interest).
Regarding claim 29, Lichtenstein teaches the apparatus according to claim 21 wherein the at least one signal applicator comprises a coil ([0153] coils 52 and 54).
Regarding claim 37, Lichtenstein teaches the apparatus according to claim 21 wherein the RF signal has a frequency in the range of about 5 kHz to about 100 MHz ([0151] RF frequencies (e.g. 1 MHz to 100 MHz)).
Regarding claim 38, Lichtenstein teaches the apparatus according to claim 21 wherein the controller is configured to set a frequency of the RF signal such that an electric field maximum of the electromagnetic energy signal is at a desired location relative to the at least one applicator ([0060] It is optional but generally desirable to choose frequencies for electric field 24 in the industrial scientific and medical (ISM) bands of the spectrum. Such frequency choices may reduce or avoid interference between the RF energy generated by RF generator 30 and other signals such as communications signals. For example, RF generator 30 may have an output frequency of 13.56 MHz or 27 MHz) ([0064] the impedance matching network is self-adjusting (i.e. auto-tuning) to maximize delivery of power into the body).
Regarding claim 42, Lichtenstein teaches the apparatus according to claim 21 wherein the controller is configured to at least one of: apply time domain modulation to the RF signal ([0032] a controller connected to control the selector circuit, the controller operable to switch from applying the output signal from a currently selected one of the pairs of electromagnetic signal applicators to a different one of the pairs of electromagnetic signal applicators at spaced apart times) ([0036] 13. wherein the controller is configured to apply time domain modulation to the output signal of the heat energy signal generator); and control the power source to generate the RF signal as a pulsed signal and to control widths of pulses in the pulsed signal ([0036] 14. wherein the controller is configured to control the heat energy signal generator to emit the output signal as a pulsed signal and the controller is configured to control widths of the pulses).
Regarding claim 43, Lichtenstein teaches the apparatus according to claim 21 wherein the at least one signal applicator comprises two signal applicators connected to the power source and operative to deliver the electromagnetic energy signal into tissues of the patient ([0036] applying a signal from a heating energy signal generator across a pair of electromagnetic signal applicators, the electromagnetic signal applicators adapted to deliver electromagnetic energy to lung tissues for differential heating of diseased and healthier portions of the lung tissues, the pair of electromagnetic signal applicators comprising one electromagnetic signal applicator of a first set of two or more first electromagnetic signal applicators positionable on one side of a body), the two signal applicators comprising a first signal applicator positioned cranially from a volume to be treated and a second signal applicator positioned caudally from the volume to be treated ([0036] the pair of electromagnetic signal applicators comprising one electromagnetic signal applicator of a first set of two or more first electromagnetic signal applicators positionable on one side of a body to be treated and another electromagnetic signal applicator of a second set of at least one second electromagnetic signal applicators positionable on a second side of the body to be treated opposed to the first side).
Regarding claim 44, Lichtenstein teaches the apparatus according to claim 43 wherein each of the two signal applicators is shaped to wrap or partially wrap around a circumference of the torso of the patient ([0154] instead of providing fixed electrodes or coils apparatus may provide electrodes or coils that are movable relative to a patient P. For example: One or more pairs of electrodes may be carried on an actuator operative to move the pairs of electrodes relative to a patient. The pairs of electrodes may each include first and second electrodes that are respectively movable over first and second faces of the patient (e.g. chest and back of the patient). For example, one pair of electrodes 22 may be actuated to move in a helical path around a patient's thorax as electromagnetic energy is delivered by way of the electrodes 22).
Regarding claim 45, Lichtenstein teaches the apparatus according to claim 43 wherein the signal applicators are adjustable to conform to contours of the treated patient ([0138] the electrodes are made up of plural smaller electrodes, optionally connections between the smaller electrodes can be made or broken to adjust the sizes of the electrodes to suit individual patients).
Regarding claim 46, Lichtenstein teaches the apparatus according to claim 21 comprising cooling means for cooling the patient ([0057] To improve electrical coupling of electromagnetic energy to body 1 while cooling the surface of body 1, a saline solution 26 may optionally be introduced by tubes 28 between body 1 and electrodes 22).
Regarding claim 47, Lichtenstein teaches the apparatus according to claim 46 wherein the cooling means comprises at least one of: a source of a cooled fluid arranged to bring the cooled fluid into thermal contact with an area of skin of the patient ([0057] To improve electrical coupling of electromagnetic energy to body 1 while cooling the surface of body 1, a saline solution 26 may optionally be introduced by tubes 28 between body 1 and electrodes 22); a patient support comprising passages connected to carry the cooled fluid that are in thermal contact with a surface in contact with the patient ([0145] the support may include passages in which a cool fluid is contained and/or circulating. The cool fluid may help to keep the patient cool); and a source of chilled air ([0075] To assist in keeping down the temperature of healthier parts of lungs 12, 14, patient P may be breathing chilled air during the procedure. The diseased parts of lungs 12, 14 will not get a sufficient amount of chilled air to keep them cool).
Regarding claim 48, Lichtenstein teaches the apparatus according to claim 46 wherein the cooling means is configured to cool at least one of a chest and back of the patient and a groin of the patient ([0145] Where some or all electrodes 22 are provided on a support such as an article of clothing (e.g. a vest) or patient furniture such as a treatment couch, bed table or chair, the support may include passages in which a cool fluid is contained and/or circulating. The cool fluid may help to keep the patient cool).
Regarding claim 49, Lichtenstein teaches a method for treating emphysema or chronic obstructive pulmonary disease, COPD, by selectively heating diseased lung tissue ([abstract] The invention may be applied to selectively heat a diseased area in the lung while minimizing heating to the healthy area and surrounding tissue) in a patient to a treatment temperature sufficient to cause a therapeutic effect in the diseased lung tissue ([0051] By application of electromagnetic energy, selected diseased tissues may be heated to temperatures above a threshold temperature) ([0066] Heating may be continued for sufficient time to raise the diseased tissues to temperatures above a threshold temperature for a time sufficient to achieve a desired treatment outcome), the method comprising: providing at least one signal applicator ([0029] a plurality of electromagnetic signal applicators) comprising an electrical conductor extending circumferentially around or nearly around the torso of the patient ([0058] The RF energy is applied between two or more of electrodes 22 via wires 36); delivering a radiofrequency (RF) signal to the at least one applicator ([0080] power output of RF generator 30) and allowing the RF signal to be absorbed in both healthier and diseased tissues of the patient's lungs ([0036] applying a signal from a heating energy signal generator across a pair of electromagnetic signal applicators, the electromagnetic signal applicators adapted to deliver electromagnetic energy to lung tissues for differential heating of diseased and healthier portions of the lung tissues), thereby heating the tissues of the patient's lungs, whereby the heating raises the diseased tissues to temperatures exceeding a treatment threshold temperature while temperatures of the healthier tissues are kept below a safe threshold temperature lower than the treatment threshold temperature by blood circulation through the healthier tissues ([0096] Lower parts of the lung typically contain more blood due to the effect of gravity than parts of the lung at higher elevations. The amount of blood at a location to be treated can affect the rate at which the temperature of tissue at that location increases when electromagnetic energy is delivered to the tissue); keeping the temperatures of the diseased tissues above the treatment threshold temperature for a cumulative time sufficient to provide a therapeutic effect ([31] wherein the controller is configured to regulate the heating energy to raise a temperature at one of the one or more locations to a temperature of at least 50 C and to maintain the temperature at 50 C or higher for a selected time period).
Lichtenstein fails to fully teach wherein delivering the RF signal to the at least one applicator comprises setting the frequency of the RF signal to be at or near an integer multiple of a resonant frequency of the applicator when the patient is present to create localized alternating electric fields extending in an axial direction substantially parallel to an inferior-superior direction of the patient.
However, Olsen teaches wherein delivering the RF signal to the at least one applicator comprises setting the frequency of the RF signal ([3] an automatic tuning device 22, which may be in the form of switched capacitors and inductors, transforms the coil and subject impedance to a purely resistive load equal to the tunable RF generator output impedance) to be at or near an integer multiple of a resonant frequency of the applicator ((4) The combination of coils 12,14 and subject S may be regarded as having an equivalent circuit composed of capacitances, resistances and inductances in a somewhat complex parallel resonance configuration. Operation at resonant frequency maximizes the warming effect with the minimum application of power, thereby reducing possibility of burns and minimizing stray radiations that could cause EMI (electromagnetic interference) with other electronic equipment) when the patient is present to create localized alternating electric fields ((5) Of course, the biological mass and makeup of different subjects will result in different resonant frequencies and this will be accommodated by the automatic tuning feature. Preferably, the size and numbers of the turns of the coils are selected to provide resonance in the range of about two to twenty MHz) extending in an axial direction substantially parallel to an inferior-superior direction of the patient (FIG. 1 is diagrammatic illustration of a hypothermia treatment apparatus embodying the present invention). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein delivering the RF signal to the at least one applicator comprises setting the frequency of the RF signal to be at or near an integer multiple of a resonant frequency of the applicator when the patient is present to create localized alternating electric fields extending in an axial direction substantially parallel to an inferior-superior direction of the patient. Doing so allows for the frequency of the RF signal to be adjusted depending on the resonant frequency of the applicator when the patient is present to ensure accurate application of the magnetic fields.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lichtenstein (US 20190090928 A1) in view of Olsen (US 4685462 A), further in view of Adanny (US 20120157838 A1).
Regarding claim 25, Lichtenstein teaches the apparatus according to claim 22, a processor ([0171] Certain embodiments of the invention incorporate control systems or controllers. Such controllers or control systems may be implemented using specifically designed hardware, configurable hardware, programmable data processors configured by the provision of software (which may optionally comprise “firmware”) capable of executing on the data processors, special purpose computers or data processors that are specifically programmed, configured, or constructed to perform one or more steps in a method as explained in detail herein and/or combinations of two or more of these) configured to process a signal from the imaging system to determine the temperature corresponding to each of the one or more locations ([0081] [0083] processing data obtained by a magnetic resonance imaging (MRI) system or other external imaging system capable of temperature monitoring). Litchenstein fails to fully teach wherein the temperature monitor comprises an ultrasound imaging (US) system, an ultrasound signal provided by the US imaging system to determine the temperature corresponding to each of the one or more locations.
However, Addany teaches wherein the temperature monitor comprises an ultrasound imaging (US) system, an ultrasound signal provided by the US imaging system to determine the temperature corresponding to each of the one or more locations ([0024] FIG. 1A which is a simplified view of an exemplary embodiment of the current method and apparatus for precise ultrasound monitoring of treated skin temperature in real time. Applicator 100 includes an ultrasound transmitter 102 and an ultrasound receiver 104) ([0031] Receiver 104 converts the received ultrasound beams to signals communicated to a controller). It would have been an obvious to one of ordinary skill in the art at the time the invention was made to apply a simple substitution of a well-known MRI system for temperature monitoring for a well-known ultrasound imaging (US) system for temperature monitoring to yield the predictable result of monitoring temperature during a heating treatment.
Claim(s) 30-33, 35-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lichtenstein (US 20190090928 A1) in view of Olsen (US 4685462 A), further in view of Maehara (JP 2005296584 A).
Regarding claim 30, Lichtenstein teaches apparatus according to claim 29, but fails to teach wherein the coil comprises in the range of 5 to 100 turns. However, Maehara teaches wherein the coil comprises in the range of 5 to 100 turns ([Page 3, Para 8] The number of turns of the coil is preferably 2 to 10, and particularly preferably 3 to 5). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the coil comprises in the range of 5 to 100 turns. Doing so allows for an expanded coverage of the device.
Regarding claim 31, Lichtenstein teaches apparatus according to claim 29, but fails to teach wherein a cross section of the coil is not circular. However, Maehara teaches wherein a cross section of the coil is not circular ([Page 3, Para 8] The shape of the hole is preferably an elliptical shape corresponding to the cross-sectional shape of the human torso. When an air-core coil is used as the coil, the air-core shape is preferably an ellipse or a shape equivalent thereto). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein a cross section of the coil is not circular. Doing so allows the coils to accommodate various parts of the body.
Regarding claim 32, Lichtenstein teaches apparatus according to claim 29, but fails to teach wherein a spacing between turns of the coil along the longitudinal axis of the coil is adjustable. However, Maehara teaches wherein a spacing between turns of the coil along the longitudinal axis of the coil is adjustable ([Page 3, Para 8] The number of turns of the coil is preferably 2 to 10, and particularly preferably 3 to 5). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein a spacing between turns of the coil along the longitudinal axis of the coil is adjustable. Doing so allows the coils to accommodate various parts of the body.
Regarding claim 33, Lichtenstein teaches apparatus according to claim 29, but fails to teach wherein the cross section of the coil is adjustable along the longitudinal axis of the coil. However, Maehara teaches wherein the cross section of the coil is adjustable along the longitudinal axis of the coil ([Page 3, Para 8] The shape of the hole is preferably an elliptical shape corresponding to the cross-sectional shape of the human torso. When an air-core coil is used as the coil, the air-core shape is preferably an ellipse or a shape equivalent thereto). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the cross section of the coil is adjustable along the longitudinal axis of the coil. Doing so allows the coils to accommodate various parts of the body.
Regarding claim 35, Lichtenstein teaches apparatus according to claim 29, but fails to teach wherein the coil comprises multi-layer windings. However, Maehara teaches wherein the coil comprises multi-layer windings ([Page 3, Para 8] The number of turns of the coil is preferably 2 to 10, and particularly preferably 3 to 5). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the coil comprises multi-layer windings. Doing so allows the coils to be lengthened to accommodate various parts of the body.
Regarding claim 36, Lichtenstein teaches apparatus according to claim 29, but fails to teach wherein the coil is configured to open as a clamshell to admit the patient. However, Maehara teaches wherein the coil is configured to open as a clamshell to admit the patient ([Page 3, Para 7] When the head is used as the protection target area, it is convenient to use a cylindrical structure that covers the head. In order to facilitate attachment and detachment, it is desirable to be composed of a plurality of parts) ([Page 3, Para 8] it is desirable to have a hole for allowing the human torso to pass through and to cover the other part with a conductor plate. However, a slight gap is not a problem. The shape of the hole is preferably an elliptical shape corresponding to the cross-sectional shape of the human torso). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the coil is configured to open as a clamshell to admit the patient. Doing so allows for the coils to accommodate various parts of the body.
Claim(s) 34, 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lichtenstein (US 20190090928 A1) in view of Olsen (US 4685462 A), further in view of Ruggera (US 4527550 A).
Regarding claim 34, Lichtenstein teaches the apparatus according to claim 29, but fails to teach wherein the length of the coil is greater than or equal to the width of the coil. However, Ruggera teaches wherein the length of the coil is greater than or equal to the width of the coil ([9] To obtain the high rate of heating uniformity in cross-section, it is essential that coil wire length be realized prior to application of power, and that the coil length is preferably 4 times the coil diameter for the particular load being heated in a given coil). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the length of the coil is greater than or equal to the width of the coil. Doing so allows the coils to be lengthened to accommodate various parts of the body.
Regarding claim 39, Lichtenstein teaches the apparatus according to claim 29, but fails to teach wherein the controller is configured to set the frequency of the RF signal to create a standing wave in the at least one applicator. However, Ruggera teaches wherein the controller is configured to set the frequency of the RF signal to create a standing wave in the at least one applicator ([9] Since the feed cable to the coil is coaxial, a standing wave ratio (SWR) meter, or similar device (directional couplers with power meters), can be easily attached to the feed cable. Using low radio frequency (rf) power, rather than the eventual high rf power for heating, the load is inserted into the coil and the SWR meter indication noted). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the controller is configured to set the frequency of the RF signal to create a standing wave in the at least one applicator. Doing so ensures uniform current through the coil location of interest.
Regarding claim 40, Lichtenstein teaches the apparatus according to claim 29, but fails to teach wherein the controller is configured to set the frequency of the RF signal to create a standing wave in the at least one applicator. However, Ruggera teaches wherein the controller is configured to set the frequency of the RF signal to create a standing wave in the at least one applicator ([9] Since the feed cable to the coil is coaxial, a standing wave ratio (SWR) meter, or similar device (directional couplers with power meters), can be easily attached to the feed cable. Using low radio frequency (rf) power, rather than the eventual high rf power for heating, the load is inserted into the coil and the SWR meter indication noted). It would have been obvious to one having ordinary skill in the art before the effective filling date to modify the invention of Litchenstein to include wherein the controller is configured to set the frequency of the RF signal to create a standing wave in the at least one applicator. Doing so ensures uniform current through the coil location of interest.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEIGH LAUREN KERN whose telephone number is (703)756-4577. The examiner can normally be reached 7:30 am - 4:30 pm.
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/ASHLEIGH LAUREN KERN/Examiner, Art Unit 3794
/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794