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 .
Election/Restrictions
Applicant's election with traverse of Group I and Species A (e.g. Fig. 4A) in the reply filed on 12/22/2025 is acknowledged. The traversal is on the ground(s) that claim 8 (Group II) no longer recites that the surface of the transducer “is flexible for contouring to the subject’s body” and thus Groups I and II should no longer be restricted. However, the Examiner notes that this limitation still appears in at least claim 8, “the second transducer array having a second surface that is flexible for contouring to the subject's body”. Therefore, the Examiner’s grounds for restriction is maintained (see restriction requirement mailed 10/27/25). Thus, claims 1, 3, and 6 are pending. Claims 2, 4-5, and 7-20 are withdrawn from consideration.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, and 6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Schwarz et al. (International Publication No.: WO 2021/224678 A1).
Regarding claim 1, Schwarz discloses a transducer apparatus for delivering tumor treating fields to a subject's body (e.g. paragraph 0020, – Examiner notes that if the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention's limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Shoes by Firebug LLC v. Stride Rite Children's Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020) (See MPEP 2111.02(II)), the transducer apparatus comprising:
a substrate (e.g. Fig. 3B – element 5 of pad 4.3 in annotated figure below);
and an array of electrodes (e.g. Fig. 3B – active elements 13 of pad 4.3 in annotated figure below) disposed on the substrate (5), the array configured to be positioned over the subject's body with a face of the array facing the subject's body (e.g. paragraphs 0102-0103);
wherein, when viewed from a direction perpendicular to the face of the array, the substrate has at least one concave edge forming at least a portion of a boundary of the array (e.g. Fig. 3B – pad 4.3), the at least one concave edge defines an opening between two opposing sides of the substrate (e.g. Fig. 3B – pad 4.3), no electrodes are present in the opening (e.g. Fig. 3B – pad 4.3),
and the substrate has a substantially C-shaped, U-shaped, rounded V-shaped, or annular shaped surface (e.g. Fig. 3B; paragraphs 0103-0104 – horseshoe shape).
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Regarding claim 3, Schwarz discloses the transducer apparatus of claim 1 as discussed above, and Schwarz further teaches wherein when viewed from the direction perpendicular to the face of the array:
the substrate has a substantially U-shaped or rounded V-shaped surface (e.g. Fig. 3B – horseshoe shape pad 4.3),
and the two opposing sides of the substrate are substantially straight and extend in substantially parallel directions, or deviate from being parallel by less than 45° (e.g. Fig. 3B; paragraphs 0103, 0108).
Regarding claim 6, Schwarz discloses the transducer apparatus of claim 1 as discussed above, and Schwarz further teaches wherein when viewed from the direction perpendicular to the face of the array:
when a straight line is drawn through the two opposing sides of the substrate, from outer substrate boundary to opposing outer substrate boundary, and across the opening, a distance along the line across the opening is at least 25% of a distance along the line across one of the opposing sides of the substrate (e.g. paragraphs 0103, 0108).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL TEHRANI whose telephone number is (571)270-0697. The examiner can normally be reached 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792