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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/6/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22, 23, 30 and 31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claims 22 and 30, the phrase “the array has a shape comprising two concave edge portions and at least two convex edge portion” is vague. Since there does not appear to be any exclusionary language (such as “only” or “consisting of”), it is unclear whether the claim requires the shape to have only two concave edge portions and at least two convex edge portions, or whether the shape “comprises” (i.e., includes at least, but does not exclude more) two concave edge portions and at least two convex edge portions.
The remaining claims are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 102
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 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, 2, 5, 7, 21-24 and 26-32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schwartz et al. (US 2022/0305275, hereinafter “Schwartz”).
In regards to claim 1, Schwartz discloses a transducer apparatus for delivering tumor treating fields to a subject's body (e.g., Figs. 3A-3D, 6), the transducer apparatus comprising:
an array of electrode elements, the array configured to be positioned over the subject's body with a face of the array facing the subject's body and to deliver tumor treating fields to the subject's body (pars. 0004, 0049, 0052; no generator is positively recited in the claim. Schwartz’ electrodes are capable of having whatever signal the user desired applied to them, including those to produce “tumor treating fields.” Additionally, Schwartz expressly discloses this capability because the system is capable of use for “tissue ablation” (such as, e.g., a cancerous skin tumor, pars. 0004 and 0049) and is expressly capable of applying the frequencies Applicant has disclosed as being suitable for this purpose (par. 0052));
wherein, when viewed from a direction perpendicular to the face of the array, an outer perimeter of the array traces the electrode elements (e.g., Figs. 3C and 6) and has a shape comprising:
a centroid located within the outer perimeter of the shape (see annotated Figs. 3C and 6 below);
at least one convex edge portion protruding away from the centroid of the array (see annotated Figs. 3C and 6 below); and
at least one concave edge portion recessed toward the centroid of the array (see annotated Figs. 3C and 6 below),
wherein, when viewed from the direction perpendicular to the face of the array, the at least one convex edge portion and the at least one concave edge portion are complimentary shapes capable of fitting together adjacent to each other on a surface of the subject's body without overlapping each other (both embodiments are capable of being placed with another similar array with the convex edge portion nesting with the concave edge portions).
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Annotated Fig. 3C
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Annotated Fig. 6
In regards to claim 2, the at least one concave edge portion is capable of tracing, abutting, or enclosing at least a portion of the convex edge portion (see annotated Figs. 3C and 6; both embodiments are capable of being placed with another similar array with the convex edge portion abutting/enclosing the concave edge portions).
In regards to claim 5, the apparatus further comprises a substrate (par. 0156, element 42), wherein the array of electrode elements is disposed on the substrate, and the outer perimeter of the array corresponds to an outer perimeter of the substrate (Figs. 3C, 4A, 4B and 6).
In regards to claim 7, when viewed from the direction perpendicular to the face of the array, the outer perimeter of the array has a shape comprising: at least m concave edge portions; and at least n convex edge portions; wherein m = 2 or m = 4, and wherein n = 2 or n =4 (see annotated Fig. 3D below. This embodiment has at least 2 concave and convex edge portions).
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Annotated Fig. 3D
In regards to claim 21, the at least one convex edge portion and the at least one concave edge portion have line segments of the same or similar shape (see annotated Figs. 3C and 6 having line segments of similar shape).
In regards to claim 22, the outer perimeter of the array has a shape comprising two concave edge portions and at least two convex edge portions (see annotated Fig. 3D above).
In regards to claim 23, the shape of the outer perimeter of the array further comprises at most two convex edge portions (see annotated Fig. 3D above).
In regards to claim 24, the outer perimeter of the array has a shape comprising m concave edge portions and n convex edge portions, where m=n (m and n both equal 1 in Figs. 3C and 6, and m and n equal 2 in Fig. 3D).
In regards to claim 26, the at least one convex edge portion and the at least one concave edge portion are each at least partially defined by a curve (see any of annotated Figs. 3C, 3D and 6).
In regards to claim 27, the transducer apparatus is a first transducer apparatus, and, when viewed from the direction perpendicular to the face of the array, the outer perimeter of the array of the first transducer apparatus is capable of fitting together in a complementary and non-overlapping manner with an outer perimeter of an array of a second transducer apparatus having the same shape as the outer perimeter of the first transducer apparatus (see annotated Figs. 3C and 6; both embodiments are capable of being placed with another similar array with the convex edge portion abutting/enclosing the concave edge portions).
In regards to claim 28, when viewed from the direction perpendicular to the face of the array, the outer perimeter of the array excludes any slits (see annotated Figs. 3C, 3D and 6).
In regards to claim 29, the at least one convex edge portion and the at least one concave edge portion provide for adjacent transducer apparatuses to be arranged in an interlocking pattern (see annotated Figs. 3C and 6; both embodiments are capable of being placed with another similar array with the convex edge portion abutting/enclosing/interlocking the concave edge portions).
In regards to claim 30, Schwartz discloses a transducer apparatus for delivering tumor treating fields to a subject's body (e.g., Fig. 3D), the transducer apparatus comprising:
an array of electrode elements, the array configured to be positioned over the subject's body with a face of the array facing the subject's body and to deliver tumor treating fields to the subject's body (pars. 0004, 0049, 0052; no generator is positively recited in the claim. Schwartz’ electrodes are capable of having whatever signal the user desired applied to them, including those to produce “tumor treating fields.” Additionally, Schwartz expressly discloses this capability because the system is capable of use for “tissue ablation” (such as, e.g., a cancerous skin tumor, pars. 0004 and 0049) and is expressly capable of applying the frequencies Applicant has disclosed as being suitable for this purpose (par. 0052));
wherein, when viewed from a direction perpendicular to the face of the array, an outer perimeter of the array traces the electrode elements (e.g., Figs. 3D) and has a shape comprising:
a centroid located within the outer perimeter of the shape (see annotated Figs. 3C and 6 below);
at least one convex edge portion protruding away from the centroid of the array (see annotated Fig. 3D above); and
at least one concave edge portion recessed toward the centroid of the array (see annotated Fig. 3D above),
wherein, when viewed from the direction perpendicular to the face of the array, the outer perimeter of the array has a shape comprising two concave edge portions and at least two convex edge portions (see annotated Fig. 3D above; additionally, the array 4.1 in Fig. 3A has the recited shape).
In regards to claim 31, the shape of the outer perimeter of the array further comprises at most two convex edge portions (see annotated Fig. 3D above).
In regards to claim 32, Schwartz discloses a transducer apparatus for delivering tumor treating fields to a subject's body (e.g., Figs. 3A-3D, 6), the transducer apparatus comprising:
an array of electrode elements, the array configured to be positioned over the subject's body with a face of the array facing the subject's body and to deliver tumor treating fields to the subject's body (pars. 0004, 0049, 0052; no generator is positively recited in the claim. Schwartz’ electrodes are capable of having whatever signal the user desired applied to them, including those to produce “tumor treating fields.” Additionally, Schwartz expressly discloses this capability because the system is capable of use for “tissue ablation” (such as, e.g., a cancerous skin tumor, pars. 0004 and 0049) and is expressly capable of applying the frequencies Applicant has disclosed as being suitable for this purpose (par. 0052));
wherein, when viewed from a direction perpendicular to the face of the array, an outer perimeter of the array traces the electrode elements (e.g., Figs. 3C and 6) and has a shape comprising:
a centroid located within the outer perimeter of the shape (see annotated Figs. 3C and 6 above);
at least one convex edge portion protruding away from the centroid of the array (see annotated Figs. 3C and 6 above); and
at least one concave edge portion recessed toward the centroid of the array (see annotated Figs. 3C and 6 above),
wherein, when viewed from the direction perpendicular to the face of the array, the at least one convex edge portion and the at least one concave edge portion have line segments of the same or similar shape (see annotated Figs. 3C and 6; both embodiments are capable of being placed with another similar array with the convex edge portion abutting/enclosing/interlocking the concave edge portions due to their similar shapes).
Allowable Subject Matter
Claims 3, 6 and 25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen et al. (US 2025/0177743) is another example of an electrode array with concave and convex edge portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W KAHELIN whose telephone number is (571)272-8688. The examiner can normally be reached M-F, 8-5.
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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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/MICHAEL W KAHELIN/Primary Examiner, Art Unit 3792